CABANA CLUB GERMANY MEMBERSHIP


Official terms and conditions

These terms and conditions apply to the Cabana Club and Elite Level membership program (“the program”). By participating in the program, you accept and agree to these terms and conditions.

Qualification: Participants must be residents of the United States, the United Kingdom, or a member state of the European Union to qualify for membership in Cabana Club Germany. Individuals must be at least 21 years old at the time of application to apply for Cabana Club or Elite membership. Membership benefits are granted only where permitted by law. All federal, state, and local laws and regulations apply. Proof of identity and qualification must be provided upon request.

The name on the membership card must match the name provided when setting up the membership account. Participants cannot create a Cabana Elite membership under a name other than their own and must provide a valid email address.

Sponsor: The Cabana Club Germany program is sponsored by High Tide Inc. (“the Company”).

Company platform: The program is made available via the company's website https://cannacabana.de (the "Company Platform").

Personal Information: By purchasing a Cabana Elite membership and voluntarily providing your personal information as outlined in these terms and conditions, you grant the company the right to use this personal information for administering the membership program and for the purposes described in our privacy policy. All inquiries regarding the personal information collected and used by the company should be directed to info@cannacabana.de.

Terms and Conditions: Membership in Cabana Club (“Membership”) and Cabana Elite (“Elite Membership”) is open to individuals aged 21 and over. By establishing a membership, you agree to these terms and conditions and confirm that you have the authority and capacity to accept them. Membership tiers, including the Elite tier (“Elite”), offer different benefits and prices. Benefits are not guaranteed. Prices and benefits are subject to availability and may vary by region or promotional period. Membership fees are billed periodically and are non-refundable. The company may change the membership price with prior notice. Members may cancel at any time, with cancellation taking effect at the end of the current billing period.

The company makes no warranty as to the quality or availability of products/services and is not liable for indirect, incidental or consequential damages in connection with the use of the membership.

All benefits are subject to applicable laws and regulations. By agreeing to these terms and conditions, you confirm that you have read and understand that certain advertised benefits may not be available in your country of residence.

By agreeing to these terms and conditions, you consent to receive marketing emails from Cabana Elite and partner companies, including but not limited to Grasscity, Daily High Club, Smoke Cartel, NuLeaf Naturals, BlessedCBD, FabCBD and DankStop.

The company reserves the right to withdraw, modify, terminate, or suspend this program, in whole or in part, at any time without prior notice and without liability, if the company determines that the program cannot be carried out as planned for any reason.

The company and all its directors, officers, employees, and agents shall not be liable, jointly and severally or individually, for incorrect or inaccurate entries, human error, technical malfunctions, failures, viruses, omissions, interruptions, deletions, or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including, but not limited to, injury to or damage to the computers of members or other persons in connection with the submission of a registration or the inability to access the registration website; inability to download material; theft, tampering, destruction, or unauthorized access to or alteration of data, which is processed late or incorrectly, or is incomplete or lost due to telephone, computer, or electronic malfunctions or overload of telephone lines or the internet or the company's platform; human or other errors relating to or in connection with the program, including, but not limited to, errors that may occur in connection with the administration of the program; the processing of memberships; or for any other reason. The company accepts no responsibility or liability if the program cannot be carried out as planned for any reason. The company is not responsible for price discrepancies or errors in advertised market or member prices resulting from third-party data.

The prices mentioned in promotional materials, including "market price," "member price," and "elite price," are for reference only and may differ from actual market prices or prices available on the company platform. While we strive for accuracy, we cannot guarantee that the prices we quote reflect the lowest or current market prices. Prices are subject to change without notice, and we are not liable for any discrepancies, errors, or inaccuracies in pricing on our platforms.

All decisions made by the company regarding any aspect of the program are final and binding on all members.

This program is subject to applicable laws and is void where prohibited by law. Should any provision of these terms and conditions be found unenforceable by a court of competent jurisdiction, all other provisions shall remain in full force and effect.

In the event of any discrepancies or contradictions between these terms and conditions and any other statements contained in program-related materials, including but not limited to printed or online advertising, these terms and conditions shall be deemed to take precedence and be authoritative.

Participation in this program signifies irrevocable acceptance of and agreement to these terms and conditions.

These terms and conditions may be changed by the company at any time without prior notice.

Limitation of liability:

YOU ACKNOWLEDGE AND AGREE THAT, IN STEAD OF BEING PROHIBITED BY LAW:

USE OF THE COMPANY PLATFORM AND PROGRAM IS AT YOUR OWN RISK;

YOU BEAR SOLE RESPONSIBILITY FOR THE PROPER AND SAFE HANDLING, STORAGE AND USE OF ALL PRODUCTS SOLD OR DISTRIBUTED THROUGH THE PROGRAM AND ASSUME ALL ASSOCIATED RISKS. YOU ARE RESPONSIBLE FOR READ AND UNDERSTANDING ALL WARNINGS AND OTHER INFORMATION SURROUNDED WITH THE PRODUCTS;

UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL THE COMPANY OR ANY OF THE PARTIES INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE PROGRAM BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR FOR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING ATTORNEYS' AND EXPERT FEES OR OTHER EXPENSES) ARISING DIRECTLY OR INDIRECTLY FROM THE PROGRAM, THROUGH ACCESS TO, INABILITY TO ACCESS, USE, OR BROWSE THE COMPANY PLATFORM, OR THROUGH THE DOWNLOAD OF COMPANY CONTENT OR OTHERWISE MATERIALS, DATA, TEXT, IMAGES, VIDEOS OR AUDIO FILES MAY EMERGE FROM THE COMPANY PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANYTHING CAUSED BY VIRUSES, BUGS, HUMAN ACTION OR INACTION, OR MALFUNCTIONS OF COMPUTER SYSTEMS, TELEPHONE LINES, HARDWARE, SOFTWARE OR PROGRAMS, OR OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSFERS OR NETWORK CONNECTIONS OR OTHER COMMUNICATIONS, EVEN IF PTS HAS BEEN INFORMED OF SUCH INCIDENTS; AND

THE COMPANY IS NOT RESPONSIBLE FOR DAMAGES OF ANY KIND RESULTING FROM ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, MALFUNCTIONS, DEFECTS, DELAYS IN TRANSMISSION OR OPERATION, OR FAILURE OF PERFORMANCE, REGARDLESS OF WHETHER CAUSED BY EVENTS BEYOND THE COMPANY'S RESPONSIBLE CONTROL, INCLUDING, BUT NOT LIMITED TO, EVENTS OF FORCE MAJEURE (DEFINED HEREIN), FAILURE OF COMMUNICATION LINES, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SERVICES OR RECORDS OF THE SITE, PROGRAMS OR SERVICES.

In some jurisdictions, the limitation or exclusion of liability for incidental or consequential damages is not permitted; therefore, the above limitation or exclusion may not apply to you. In the event that the above limitation of liability is found unenforceable by a court of competent jurisdiction, the company's total liability arising out of or in connection with these terms and conditions shall be limited to one hundred US dollars (US$100).

TO THE FULLEST EXTENT PERMITTED BY LAW, ALSO ON BEHALF OF HER HEIRS, EXECUTIVES, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, YOU RELIEVE, AVOID AND LIMIT THE COMPANY FOREVER FROM ALL CLAIMS THAT YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS AND CONDITIONS OR THE SERVICES PROVIDED UNDER THESE CONDITIONS. IF YOU ARE A RESIDENT OF CALIFORNIA, YOU HEREBY WAIVE YOUR RIGHTS UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES THAT "A GENERAL EXEMPTION DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT

KNOWS OR SUSPECT THAT THEY EXISTED IN HIS FAVOR AT THE TIME OF RELEASE AND THAT, IF HE HAD KNOWN THEM, WOULD HAVE SIGNIFICANTLY INFLUENCED HIS SETTLEMENT WITH THE DEBTOR".

YOU ACKNOWLEDGE AND AGREE THAT THE ABOVE-MENTIONED WARRANTY EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THE BUSINESS BASIS BETWEEN THE COMPANY AND YOU AND WILL REMAIN IN EFFECT AND APPLY EVEN IF YOUR REMEDIES SHOULD FAIL THEIR ESSENTIAL PURPOSE.

Indemnification: To the extent not prohibited by applicable law, you agree to indemnify and hold harmless the Company, its parent company (if applicable), its subsidiaries, affiliates, licensors, and service providers, as well as its and their respective officers, directors, shareholders, agents, employees, and representatives (individually and collectively, the “Company Entities”) (collectively, “Indemnify” or a variation thereof), from and against any and all claims, liabilities, damages, losses, costs, and expenses, including personal injury, illness, death, or damage to real estate or personal property, or any other injury, loss, or damage (whether indemnifying, direct, incidental, consequential, or other) of any kind, and including reasonable attorneys’ fees and costs, arising out of or relating to (i) the Program and/or your access to or use of the Company Platform, including all Company Content and any features, functions, tools, and promotions available on and through the Company Platform, (ii) your breach of these Terms, including any violation national, federal, state or local or other applicable laws, rules or regulations or any violation or misappropriation of the rights of third parties, and (iii) your gross negligence or willful misconduct.

You agree that, at the company's option, you may assume the defense against such claims or actions, provided that, notwithstanding our decision for you to assume the defense, (i) the company may still participate in such defense or settlement negotiations and bear its own associated costs, and (ii) you will not enter into any settlement or other compromise without the company's prior written consent (which may not be unreasonably withheld), unless such settlement or other compromise includes a complete and unconditional indemnification of the parties concerned from all liabilities and other obligations relating to such claims or actions.

Severability: Should any provision of these terms and conditions be deemed invalid under applicable law, that provision shall be deleted without affecting the remaining provisions.

Applicable Law: This program is controlled and operated from our offices in Toronto, Ontario, Canada. Those accessing the program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the program from countries where the program's content is illegal or punishable is prohibited.

The validity, interpretation, drafting and performance of these terms and conditions are governed by the laws of Ontario, without regard to its conflict of law provisions.

Binding arbitration / group exemption

All disputes arising out of these terms and conditions will be settled and decided in accordance with International Commercial Arbitration C I-10.2. This limits the remedies available to you in the event of a dispute. Please read the legal act before proceeding.

AGREE TO THESE TERMS AND CONDITIONS. YOU EXPRESSLY AGREE THAT ALL LEGAL CLAIMS, DISPUTES, OR OTHER CONTROVERSIES ARISING OUT OF OR IN ANY WAY RELATED TO THE PROGRAM, WEBSITE, CONTENT, OR SERVICE, OR OTHER GOODS, SERVICES, OR ADVERTISING OF THE COMPANY, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY, OR VALIDITY OF ANY PROVISION OF THESE TERMS AND CONDITIONS (COLLECTIVELY, "DISPUTES"), THAT ARE NOT RESOLVED BY AN INFORMAL DISPUTE RESOLUTION CONFERENCE (AS DEFINED AND DESCRIBED BELOW), These disputes shall be resolved in a confidential, binding arbitration before a commercial arbitrator of the American Arbitration Association (“AAA”) and not before a court as described herein. The arbitration shall be governed by the AAA Consumer Arbitration Rules and, if the arbitrator deems them applicable, by the Supplementary Rules for Consumer Disputes (collectively, the “Rules and Procedures”). YOU ACKNOWLEDGE THAT YOU VOLUNTARILY AND KEEPLY WAIVE YOUR RIGHT TO A JURY TRIAL AND TO ANY OTHER TRIAL IN A STATE OR FEDERAL COURT, UNLESS EXPRESSLY PROVIDED HEREIN. FOR THE PURPOSES OF THIS ARBITRATION AGREEMENT, THE TERM "DISPUTES" INCLUDES DISPUTES OR FACTS THAT Arose BEFORE THE EXISTENCE OF THESE OR ANY PREVIOUS VERSION OF THESE TERMS AND CONDITIONS, AS WELL AS CLAIMS THAT MAY ARISE AFTER THE TERMINATION OF THESE TERMS AND CONDITIONS.

Should a dispute arise between us, we undertake to cooperate with you to find a reasonable solution. You and we agree that good-faith informal efforts to resolve disputes can lead to a swift, cost-effective, and mutually beneficial outcome. You and we therefore agree that before either party initiates arbitration proceedings against the other party (or files a claim in a small claims court, if either party so chooses), we will meet in person and consult by telephone or videoconference to reach an informal solution in good faith for any disputes covered by this arbitration agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may attend the Conference, but you will also attend.

The party initiating a dispute must notify the other party in writing of its intention to initiate an informal dispute resolution conference (“Notification”), which must take place within forty-five (45) days of the other party receiving the Notice, unless the parties mutually agree to an extension. The Notice to us that you intend to initiate an informal dispute resolution conference should be sent by email to info@cannacabana.de or by mail to our office at 11127 15 St NE Unit 112, Calgary, AB T3K 2M4. The Notice must include: (1) your name, telephone number, mailing address, and email address associated with your account (if you have one); (2) the name, telephone number, mailing address, and email address of your legal counsel, if any; and (3) a description of the dispute. Our Notice to you will be sent to the address you have on file. The informal dispute resolution conference is individual, so each time a party initiates a dispute, a separate conference must be held, even if the same law firm or group of law firms represents several users in similar cases, unless all parties agree; if several people initiate a dispute, they cannot participate in the same informal dispute resolution conference unless all parties agree.

If you and we are unable to resolve a dispute within thirty (30) days of the relevant informal dispute resolution conference, either party may initiate arbitration. Arbitration is more informal than a court trial. In arbitration, a neutral arbitrator is appointed instead of a judge or jury, and
Judicial review of an arbitral award is very limited. However, an arbitrator can, on an individual basis, award the same damages and the same order that a court can award to an individual.

The payment of arbitration costs is governed by the AAA's fee schedule. Each party agrees to bear its own attorneys' fees and expenses, unless there is a legal provision that provides for the prevailing party to have its attorneys' fees and expenses paid.

The arbitration will be conducted in Canada unless the parties agree otherwise in writing. The arbitrator's award will be final and binding on all parties and may be entered as a judgment in any competent court. These terms and conditions govern a transaction involving interstate commerce; and notwithstanding any other provisions herein regarding applicable substantive law, the Federal Arbitration Act, 9 USC § 1 et seq., will govern the interpretation and enforcement of this arbitration agreement and any arbitral proceedings.

For more information about the AAA, its rules and procedures, and how to file an arbitration claim, please call 800-778-7879 or visit the AAA website at https://www.adr.org.

By participating in the program, each participant agrees to the terms and conditions. Each participant further agrees to be bound by the company's decisions, which are final and binding in all respects. The company reserves the right, at its sole discretion, to terminate memberships at any time and for any reason, including but not limited to the following: (a) alleged breach of the terms and conditions; (b) payment default and/or failure to update payment information after the company has attempted to recover payments; and/or (c) disruptive behavior or the intent to harass, abuse, threaten, or intimidate the sponsor or any other person.

For the purposes of these Terms and Conditions and all advertising on the company platform, the term "market price" refers to the price at which products are available to customers who do not have a Cabana Club or Cabana Elite membership, unless the product is available exclusively to Cabana Club or Cabana Elite members. If the product is available exclusively to Cabana Club or Cabana Elite members, the "market price" may be used to compare the price of the product with the average price of the product at competing online retailers.

The "market price" refers to the typical retail price of a product. For branded products, this is generally based on the manufacturer's suggested retail price (MSRP), unless there is substantial evidence that competitors consistently offer the product at a higher price. For generic or retailer-brand products, the market price is determined by evaluating similar products on the market, taking into account factors such as brand positioning and product differentiation. We regularly review competitor pricing to ensure our market prices are always up-to-date and reflect current trends.

The term "member price" refers to the price at which products are available to Cabana Club members.

“Elite price” refers to the price at which products are available to Cabana Elite members.

Other provisions:

The company is not liable for international shipments, including failed, incomplete, or lost shipments.

The benefits received as part of the Cabana Club and Cabana Elite memberships cannot be exchanged for cash.

The term "bulk discount" is defined here as applying multiple discounts or benefits to a single purchase. Unless otherwise stated, bulk discounts are not permitted on the company platform.

Some benefits require you to opt in to receive emails with Cabana Elite marketing content. Discount coupons distributed via email require your consent to receive emails related to Cabana Elite marketing and benefits.

CAUTION: ANY ATTEMPT BY A MEMBER TO INTENTIONALLY DAMAGE A WEBSITE OR UNDERSTAND THE LEGAL OPERATION OF THE MEMBERSHIP PROGRAM MAY CONSTITUTE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK DAMAGES FROM SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

Contact us:

If you have any questions or concerns regarding these terms and conditions, please contact us at info@cannacabana.de. We will endeavor to answer your questions or concerns promptly upon receipt.

Last updated: June 3, 2025