TERMS OF USE

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Terms and Conditions of

Daddys and Daddysmj.com

Last revised Date 15 February 2023

THIS WEBSITE IS OFFERED AND AVAILABLE TO USERS WHO ARE 20 YEARS OF AGE OR OLDER AND RESIDING IN THAILAND OR ANY OF ITS TERRITORIES. BY USING THIS WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US AND MEET ALL THE BELOW ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE WEBSITE.

CANNABIS AND CANNABIS PRODUCT DISCLAIMER:
PURSUANT TO THE NOTIFICATION OF MINISTRY OF PUBLIC HEALTH, RE: NARCOTICS UNDER CATEGORY 5 OF THE NARCOTICS ACT B.E. 2565 (2022) (“NOTIFICATION B.E. 2565”), THE EXTRACTS FROM ALL PARTS OF CANNABIS REMAIN CLASSIFIED AS NARCOTICS UNDER CATEGORY 5 OF THE NARCOTICS ACT (AS AMENDED) (THE “ACT”), WITH THE FOLLOWING EXCEPTIONS:

I. EXTRACTS WHICH CONTAIN NO MORE THAN 0.2% OF TETRAHYDROCANNABINOL, THC BY WEIGHT, WITH PERMISSION TO EXTRACT FROM CANNABIS PLANTS CULTIVATED IN THAILAND;

II. EXTRACTS FROM CANNABIS SEEDS, DERIVED FROM CULTIVATION IN THAILAND; OR

III. EXTRACTS REGARDED AS QUALITY-CONTROLLED SUBSTANCES USED FOR ANALYSIS AND CONTROL OF QUALITY OF DRUG TESTING IN BODY, CATEGORIZED AS MEDICAL DEVICE UNDER MEDICAL EQUIPMENT LAW AND USED ONLY FOR SPECIFIC PURPOSES.

THEREFORE, ANY POSSESSION, DISTRIBUTION AND USE OF CANNABIS EXTRACTS APART FROM THE FOREGOING EXCEPTIONS, WITHOUT ANY PERMISSION, IS A CRIME UNDER THAI LAW.

Introduction

These Terms and Conditions (herein referred to as “these Terms”) govern your access to and use of our website at www.daddysmj.com, mobile application and other social media websites (hereinafter collectively referred to as the “Website”), which is owned and provided by GreenGriffinGroup Company Limited (herein referred to as “we” or “us” or “our”, which shall have the same meaning in these Terms).

These Terms constitute a binding and enforceable legal contract between us and you, a user of the services (herein referred to as “you” or “user”) in relation to the services. You and we are referred to separately as “Party” and collectively as “Parties”.

By accessing, registering, unlocking, using, or clicking on the services, and information made available by us via the Website, you hereby accept and agree to all the terms set forth herein.

You are strongly advised to carefully read these Terms as well as the provisions detailed in our Privacy Policy prior to using the Website and our services. By using the Website and our services in any capacity, you agree that: (i) You have read and familiarized yourself with these Terms; (ii) You understand these Terms; and (iii) You agree to be bound by these Terms when using the Website. If You do not agree to these Terms, please do not access, or use the Website and/or the respective services.

We will provide a notification on the Website specifying that changes have been made to these Terms whenever they occur. By accepting the notification, you accept that we have provided you with sufficient notice of any changes. You should seek professional advice regarding any possible legal requirements you must comply with in relation to the use of the Website, the service or the relevant tools provided on the Website.

2. Definitions

"Applicable Laws" refers to acts, statutes, regulations, ordinances, treaties, guidelines, and policies issued by governmental organizations or regulatory bodies, including, but not limited to, the governing law stipulated under Laws of the Kingdom of Thailand.

"Confidential Information" refers to any non-public, proprietary information or documents of or related to the user or us (whether in writing, orally or by any other means) by or on behalf of the user to us and which if disclose in tangible or intangible form is marked confidential (including in visual, oral, or electronic form) relating to us or any other user that was previously a user, which is provided or disclosed through us (or to any employees or agents) in connection with the use or participate in the Website.

"Content" refers to all Content generated by us, including logos, identifying marks, images, illustrations, designs, icons, photographs, videos, text, any written or multimedia materials, services, advertisements, software, code, data, files, archives, folders, or available downloads on the Website or services.

3. General Provisions

3.1. Contractual Relationship
These Terms constitute a valid and binding agreement between the Parties for using or accessing any service on the Website. The binding obligations stipulated in these Terms are enforceable.

3.2. Revision and Amendments
We reserve the right to revise, amend, or update any clauses and provisions stipulated in these Terms in its sole discretion at any time. We may notify the revision or amendment of such clauses or provisions by updating these Terms and specify the 'Last Revised Date' displayed on a page of Terms and Conditions. Any revisions and updates on these Terms will be automatically effective upon their publication on the Website, which includes the Website. Therefore, your continuity of accessing or using the Website, and/or Services will be deemed that you agree to have read, understood, and accepted all revised terms and provisions. If you do not agree on any revised or updated terms and provisions, you should immediately stop accessing the Website or using the Services. You are encouraged to frequently and carefully review these Terms to ensure that you understand these Terms.

3.3. Privacy Policy

You acknowledge and confirm that you have read, understood, and agreed to provisions stipulated in the Website's Privacy Policy, which will explain how we treat your information and protect your privacy when accessing or using the Website.

By using us, you hereby agree that we may collect, use your information, and anonymised data pertaining to your use of the Services for analytics, trends' identification, and purpose of statistics to further enhance the effectiveness and efficiency of the services.

You hereby expressly authorise us to disclose any and all information relating to you in our possession to any law enforcement or government officials upon the request by the court order.

3.4. Links to and from the Website

3.4.1. The Website may include features and functionality that allows you to interact with other sites that are not owned or controlled by us. Such features and functionality are solely provided for your convenience and seamless use of the services.

3.4.2. A link from a third-party does not mean that we endorse or approve the Content on such a website or does not mean that we are an operator of that website. You understand that access to and use of any third-party applications is at your own risk and you are solely responsible for determining the extent to which you may use or rely upon any Content at any other third-party services websites which you have accessed from the Website. We accept no reasonability for them or for any loss or damage incurred in connection with the use of any third-party website or application, or any transaction you consummate in connection with your use or access of any third-party website.

3.4.3. We assume no responsibility for the use of, or inability to use, any third-party’s services software, other materials, or Contents posted and/or uploaded on such a website and we will have no liability whatsoever to any person or entity for any inaccuracy or incompleteness of such third-party Content. We encourage you to be aware when you utilise this third-party website or application, and to read/understand terms and conditions and privacy policy of each other third-party website or application that you utilise. All intellectual property rights in and to third party services are property of the respective third parties.

3.5. Disclaimer for Accessibility of the Website and the Services

3.5.1. To the extent permitted by applicable laws, the Website and the services are provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis. We do not warrant, either express or implied, that the features, and functions contained on the Website and the services will satisfy your preferences. You hereby agree and acknowledge that your access and use of the Website and the services are at your own risk, and you will be liable for any responsibility, consequences, and/or loss that may arise out of or in connection with the usage or accessibility of the Website and the Services. You expressly agree that we will have absolutely no liability in this regard.

3.5.2. We hereby disclaim all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

3.5.3. You hereby agree and acknowledge that the Website may contain links to a third-party website or services that are not owned or even controlled by us, thus we will hold no responsibility for the Content or services, goods, or activities provided by such third-party website. You further agree that we have no liability directly or indirectly for any damage, loss, or consequence arising out of or in connection with the usage or reliance of any Content, material, services available through the third-party website.

3.5.4. We reserve the right to limit the availability of the Website to any person, geographic area, or jurisdiction we so desire and/or terminate your access to and use of the Website and the services, at any time and in our sole discretion.

3.5.5. We may, at our sole discretion, impose limits or restrictions on the use you make of the Website. Further, for commercial, security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms, we may limit your access to the Website and the services at any time and without notice to you.

3.5.6. No Content is intended to be a substitute for professional medical advice, diagnosis, or treatment. You should always seek the advice and guidance of a qualified health provider before:

3.5.6.1. Make any adjustment to any medication or treatment protocol you are currently using.

3.5.6.2. Stopping any medication or treatment protocol you are currently using.

3.5.6.3. Starting any new medication or treatment protocol, whether or not it was discussed on the Website.

4. Intellectual Property

4.1. All present and future copyright, title, interests in and to the services, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights that exist in or in relation to the use and access of the Website and the services are owned by or otherwise licensed to us. Subject to your compliance with these Terms, we grant you a non-exclusive, non-sub license, and any limited license to merely use or access the Website and the services in the permitted hereunder.

4.2. Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to ’s or any other third party’s intellectual rights.

4.3. If and to the extent that any such intellectual property rights are vested in you by operation of law or otherwise, you agree to do any and all such acts and execute any and all such documents as we may reasonably request in order to assign such intellectual property rights back to us.

4.4. You agree and acknowledge that all Website Content must not be copied or reproduced, modified, redistributed, used, created for derivative works, or otherwise dealt with for any other reason without being granted a written consent from us.

4.5. Third parties participating on the Website may permit us to utilise trademarks, copyrighted material, and other intellectual property associated with their businesses. We will not warrant or represent that the Content of the Website does not infringe the rights of any third party.

5. Participation in our Services

5.1. Services offered through the Website are strictly available to the users who are twenty (20) years of age or older and have full capacity and authority under the application laws to agree and bind themselves to these Terms. Any access, registration by or use of the Services by any user who is under twenty (20) years is unauthorised and in violation of these Terms.

6.Misuse of the Website

6.1. In the event of any misuse and/or abuse of the Website or breach of any provision in these Terms, we reserve the right to block your access to the Website and other services until the matter is solved.

6.2. Use of the Website for transmission, publication or storage of any material on or via the Website which is in violation of any Applicable laws or any third-party’s rights is strictly prohibited, including but not limited to the use of the Website or the transmission, distribution, publication or storage any material on or via the Website in a matter or for the purpose which infringes copyright, trademark, trade secret or other intellectual property rights, is obscene or harmful to minors or constitutes an illegal act or harassment, is libellous or defamatory, violates any privacy or data protections laws, is fraudulent or breaches any exchange control laws.

7. Limitation and Assumption of Liability

7.1. NOTWITHSTANDING ANY PROVISIONS WITHIN THESE TERMS, IN NO EVENT WILL US OR OUR EMPLOYEES, AGENTS, OFFICERS, SHAREHOLDERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES, LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF YOUR CREDENTIAL INFORMATION, , EVEN IF THE USER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. WE WILL ALSO HAVE NO LIABILITY FOR ANY EMERGENCY AND/OR UNFORESEEABLE INCIDENTS RELATED TO YOUR USE OF THE SERVICES ON THE WEBSITE.

7.2. You assume the risk of any-and-all damage or loss incurred as a result of your consumption of cannabis or cannabis products obtained from any of our dispensary or store. Although the Website and the employees of us at dispensaries and stores may provide information regarding the cannabis and cannabis products, including but limited to potency, pharmacologically active ingredients, source of cultivation , recommended uses and benefits, and all other descriptions or information (collectively “Cannabis Information”), such Cannabis Information is provided for informational and educational purposes only and is not intended to be a substitute for medical advice under any circumstance. Never disregard professional medical advice or fail to seek it following receipt of Cannabis Information from us. We cannot guarantee the accuracy of any Cannabis Information provided on the Website and in person.

8. Indemnification

You irrevocably undertake the responsibility of fully indemnifying and holding harmless each of us, shareholders, officers, directors, managers, employees, and agents from and against any and all losses, claims, actions, proceedings, damages, demands, judgements, sums, liabilities, damages, costs, charges and expenses, including, but not limited to, any reasonable attorney's fees or penalties imposed by any regulatory authority, and reimbursements arising out of or relating to your violation of these Terms of Use or your use of the Website.

9. Cannabis Safety

Cannabis can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under the influence of cannabis and cannabis product. If you are pregnant or may be pregnant, breastfeeding, suffering from a health condition, or taking prescription medications, consult a physician or other health care professional prior to using cannabis and cannabis product.

10. Notice/Announcement

Any notice, requests, demands, and determinations for us under these Terms (other than routine operational communications) will be sent to info@daddysmj.com or at the Website.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Kingdom of Thailand. The Parties agree to submit to the non-exclusive jurisdiction of the courts of Thailand.