TERMS OF USE
Updated November 2025
This website, mellowmalibu.ca (the “Website”), is owned and operated by Fire Ganja Limited, doing business as Mellow Malibu (“Mellow Malibu”, “Fire Ganja Limited”, “we”, “us”, or “our”). These Terms of Use (“Terms”) apply to all individuals who access or use the Website, purchase our products, interact with our online content, or engage with any Mellow Malibu services (collectively, the “Services”).
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT USE THIS WEBSITE OR OUR SERVICES.
These Terms may be updated from time to time without prior notice. Your continued use of the Website constitutes acceptance of any revised Terms.
Use of the Website is also governed by our Privacy Policy, which forms an integral part of this Agreement.
1. ABOUT MELLOW MALIBU & OUR SERVICES
Fire Ganja Limited operates Mellow Malibu, a licensed cannabis retail business in Ontario. Through our Website, we:
- Provide general product information
- Display menus, pricing, and availability
- Share brand and educational content
- Allow customers to sign up for newsletters and promotions
- Offer customer support and store information
No cannabis sales are conducted directly through the Website unless explicitly noted and permitted by Ontario law.
You acknowledge that all cannabis sales and interactions are governed by the Cannabis Licence Act, 2018, AGCO regulations, Ontario Cannabis Retail Corporation (OCRC) policies, and other applicable laws.
2. ELIGIBILITY & AGE RESTRICTIONS
Cannabis products are legally restricted in Ontario to individuals 19 years of age or older.
By using this Website, you represent and warrant that you:
- Are 19+ years old
- Are legally permitted to view cannabis-related content
- Will not share access with minors
We may require age verification before granting Website access.
3. USER ACCOUNTS (IF APPLICABLE)
If you create an account or profile on our Website or subscribe to newsletters:
- You must provide accurate and current information
- You are responsible for keeping your password secure
- You are responsible for all activity under your account
- We are not liable for unauthorized account access
Notify us immediately if you suspect unauthorized activity.
4. USER CONTENT
“User Content” includes any material you submit through our Website, including:
- Messages
- Inquiries
- Uploaded information
- Reviews or public comments
- Email communications
By submitting User Content, you represent that:
- You own or have the legal right to submit the content
- It does not infringe the rights of others
- It does not violate any laws
- It is not harmful, defamatory, offensive, or false
We reserve the right (but not obligation) to remove any inappropriate content.
You grant Mellow Malibu a non-exclusive, royalty-free license to use such content for business purposes (e.g., customer service, feedback, or marketing with consent).
5. PROHIBITED USES
You agree that you will NOT:
- Use the Website for any unlawful purpose
- Attempt to circumvent age-gating or security measures
- Interfere with Website functionality or servers
- Copy, scrape, or extract data from the Website
- Upload viruses, malware, bots, or harmful code
- Misrepresent your identity or age
- Sell, share, or misuse content from the Website
- Create derivative works or reverse-engineer any part of the Website
We reserve the right to suspend or terminate access for any violation of these Terms.
6. WEBSITE CONTENT & INTELLECTUAL PROPERTY
All content on mellowmalibu.ca—including:
- Text
- Images
- Branding & trademarks
- Product descriptions
- Logo designs
- Visual layouts
- Website code
—belongs to Fire Ganja Limited or our content licensors.
You may not copy, duplicate, modify, distribute, or use any content without our express written permission.
7. PRICING, AVAILABILITY & ACCURACY
We strive for accuracy, but:
- Pricing may change without notice
- Product availability may vary
- Information on the Website may contain errors or outdated details
We do not guarantee that:
- All products shown online are available in-store
- All pricing is current at all times
- All descriptions are free of errors
We reserve the right to correct errors at any time.
8. DISCLAIMER OF WARRANTIES
The Website and Services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind.
We do NOT guarantee:
- Website uptime or uninterrupted service
- Accuracy of product recommendations
- Completeness of cannabis educational content
- Security of transmissions over the Internet
- Absence of viruses, technical issues, or errors
You use the Website at your own risk.
All cannabis products may affect individuals differently. Customers should consult healthcare professionals before using cannabis.
Mellow Malibu is not responsible for:
- Health outcomes
- Product misuse
- Adverse reactions
- Interpretation of educational content
9. LIMITATION OF LIABILITY
To the fullest extent permitted by law:
Fire Ganja Limited and its directors, employees, and affiliates shall not be liable for any:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or goodwill
- Damages arising from Website use, downtime, or errors
- Damages related to cannabis consumption or reliance on product information
In all cases, our total liability shall not exceed the amount paid by you to us (if any) in the 30 days before the claim arose.
10. INDEMNIFICATION
You agree to indemnify and hold harmless Fire Ganja Limited, its employees, officers, partners, and affiliates from any claims, losses, liabilities, damages, or expenses arising from:
- Your use of the Website
- Your breach of these Terms
- Your violation of applicable laws
- Your misuse of cannabis products
- Your infringement of third-party rights
11. THIRD-PARTY LINKS & SERVICES
The Website may contain links to third-party sites, tools, or services not owned by Mellow Malibu.
We are not responsible for:
- The content on third-party websites
- Their policies, terms, or practices
- Any harm or damages caused by using them
You access third-party websites at your own risk.
12. TERMINATION
We may suspend or terminate your access:
- For any misuse or policy violation
- If required by law or regulatory bodies
- For security or technical issues
- Without prior notice
Termination does not eliminate your obligation to comply with these Terms.
13. GOVERNING LAW
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
You agree to the exclusive jurisdiction of the courts located in Ontario, Canada for resolving disputes.
14. SEVERABILITY
If any part of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force.
15. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy, form the entire agreement regarding use of the Website.
16. CONTACT INFORMATION
If you have questions or concerns about these Terms, please contact:
Mellow Malibu / Fire Ganja Limited
Email: contact@mellowmalibu.ca
Website: mellowmalibu.ca