Terms & Conditions

Last updated: April 2022

PLEASE CAREFULLY REVIEW THE TERMS OF USE OF THIS SITE.
Please contact Phoena at Phoena.com with any questions or concerns about these terms.

Terms of Use

These Terms of Use apply to all visitors who use the publicly available pages of the Phoena.com website located at Phoena.com and those users who have been granted authorized access to non-publicly available portions of the Phoena.com website and/or Medical Website (individually and collectively, the “Site”).

The Phoena “Medical Website” (www.estoramedical.com) is a member-only account portal available through the Site, a third-party site, or via mobile access which enables Registered Account Holders to access their personal account information and to use Phoena services and/or products offered only to them.  “Registered Account Holders” are individual users of Phoena’s services and/or products through www.phoena.com Site.

These Terms of Use are between a user of any portion of the Site (“you” or “your”) and Phoena (“Phoena”, “we”, “us” or “our”).  If you access non-publicly available portions of the Site to which you have been granted authorized access, any additional terms and conditions located on those pages will also apply and will control in the event of a conflict with these Terms of Use.

Registration and Assent

Access to and use of the Site is conditioned upon your assent to these Terms of Use.  You are deemed to have assented to these Terms of Use when you use any available page of the Site.  You are deemed to have assented to these Terms of Use as applicable to the Medical Website, when you complete the processes required for Registered Account Holders. You are deemed to have accepted these Terms of Use each time you access the Site.  By accessing or using the Site, you acknowledge that you have read, understand, and agree to be legally bound by these Terms of Use.

Updates

From time to time, we may, in our sole discretion and without notice, modify these Terms of Use, and the Phoena Privacy Policy, indicated by a new version number and revision date.

It is important that you check these Terms of Use every time you visit the Site.  Your use of the Site and/or utilization of any Site benefits after the Terms of Use have been updated, indicates your agreement and acceptance of the updated version of the Terms of Use and the Phoena Privacy Policy.

User Obligations

You are required to comply with all applicable laws in connection with your use of the Site.   As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. Certain portions of the Site may have additional terms and conditions.  When these portions are used, you agree to be further bound by the associated additional terms and conditions.

Site Content and Intellectual Property Rights

This Site may contain text, images, software (including images or files incorporated in or generated by the software or data accompanying such software), photographs, video, graphics, audio, features, data, designs, images, and other such similar content (collectively “Site Content”).  Unless otherwise expressly identified, Site Content is owned by us or by our third-party licensors.  The Site Content is protected by Canadian and international copyright, trademark, and other laws.  You may browse the Site and download Site Content solely for your personal use, provided you keep intact all copyright and other proprietary notices.  Except as expressly permitted, you may not modify, copy, reproduce, republish, upload, post, transmit, hyperlink to or from, or distribute in any way Site Content from this Site, including code and software underlying this Site, nor may you sell, transfer or otherwise use the Site or the Site Content in commerce or for any public or commercial endeavor without our prior and express written consent.  We may in our sole discretion make changes to the Site Content at any time without notice. Any unauthorized use regarding publication, copying or modification of information in the Site, including trademarks, tradenames and design marks, may violate applicable legislation and may result in legal action.

SCHEDULED EVENTS

Portions of the Site may include a listing of events and times of events that we are scheduled to host or attend.  You can contact us to confirm the date, time, location, and whether we are still scheduled to host or attend the listed event.  However, we may ultimately not be able to host or attend the listed event due to a variety of reasons.  We are not responsible for any errors or omissions in the listing of the events.

SOCIAL MEDIA

The Site may include opportunities to view information and communicate with us through social media services such as LinkedIn®, Twitter®, Facebook®, and blogging.  You should use common sense and good judgment in communicating with us through these services.  We are not responsible for the terms of use and privacy policies that govern these third-party sites.

No Professional Advice

The information provided on the Site is for informational purposes or general guidance only, and does not constitute medical, legal, investor or other professional advice, and is not intended to constitute a solicitation or an offering of securities in any jurisdiction.  Information disclosed under securities; laws of any jurisdiction applicable to Phoena is not intended to be in any way qualified, amened, modified or supplemented by the Site.

We do not warrant or guarantee the accuracy, completeness, adequacy or currency of the Site Content, nor do we endorse any views or opinions that may be included in the Site Content.  The Site is not a substitute for investor or medical advice and it is important that you not make medical decisions without first consulting your personal physician or other healthcare professional.  The receipt of any questions or feedback you submit to us does not create a professional relationship and does not create any privacy interests other than those described in our Phoena Privacy Policy.

Linking Policy

Our Site may contain hyperlinks allowing users to connect to other websites owned by us and our affiliated companies and websites owned by third-party vendors, distributors, and providers (“Linked Sites”).  You may also access our Site through a hyperlink embedded in a Linked Site.  We may provide hyperlinks to the Linked Sites to enable you to conveniently access websites that may be of interest to you.  Please note that once you click on a hyperlink that transfers you from our Site to a Linked Site, you have left our Site, and this Terms of Use will immediately cease to apply to any subsequent activity on the Linked Site.  We are under no obligation to notify you when you have left our Site and have accessed a Linked Site.  Use of any Linked Site will be governed by the privacy policy, terms of use, and/or other policies (if any) on the Linked Site.

Use Restrictions

You agree that you will not: (a) use this Site for any purpose that is unlawful, illegal or a violation of applicable federal, provincial or local law or that is prohibited by these Terms of Use; (b) engage in any activity or use any device, software or routine that interferes with a user’s access to this Site or the proper operation of this Site; (c) delete or revise any Site Content or information of any other user without authorization; (d) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; or (e) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.

Forward-Looking Statements

This Site may contain “forward-looking information,” as that term is defined in the Ontario Securities Act and applicable legislation, which involve risks and uncertainties.  Often, but not always, forward-looking information can be identified by the use of words such as “believes,” “expects,” “does not expect,” “is expected,” “targets,” “outlook,” “plans,” “scheduled,” “estimates,” “forecasts,” “intends,” “anticipates” or “does not anticipate” or variations of such words and phrases or statements that certain actions, events or results “may,” “could,” “would,” “might” or “will” be taken, occur or be achieved.  No forward-looking information can be guaranteed, and actual results may differ materially from those projected.  We undertake no obligation to publicly update any forward-looking information, whether as a result of new information, future events, or otherwise.  Forward-looking information on this Site should be evaluated together with the disclosure regarding Phoena in our registration statements and periodic reports filed with Securities Commissions, including the risks and uncertainties facing our business described therein. You are cautioned not to place undue reliance on forward-looking statements. We undertake no obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise, except as required by applicable law.

Phoena Privacy Policy

You agree to the Phoena Privacy Policy (Phoena.com/privacy-policy/) which is incorporated by reference in these Terms of Use.

Disclaimer of Warranties

THE SITE AND THE SITE CONTENT THEREON ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.  WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE SITE CONTENT, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OF RESULTS OR RELIABILITY OF THE SITE OR SITE CONTENT.  WE DO NOT MAKE ANY WARRANTY AS TO THE LIFE OF ANY URL.  WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, COMPLETE OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  BY USING THE SITE, YOU ACKNOWLEDGE THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA OR DAMAGE TO MEDIA, AND AGREE TO HOLD US HARMLESS FROM AND AGAINST ANY VIRAL INFECTION OR OTHER COMPUTER MALFUNCTION CAUSED AT ALL OR IN PART BY YOUR USE OF THE SITE.  YOU ASSUME THE ENTIRE COST OF ALL NECESSARY COMPUTER OR NETWORK SERVICING, REPAIR OR CORRECTION.  THE PERFORMANCE OF THE SITE VARIES WITH THE MANUFACTURER’S EQUIPMENT WITH WHICH IT IS USED.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING FROM YOUR USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS OR PROFITS, LOSS OF DATA, COMPUTER VIRUSES, TECHNICAL, HARDWARE OR SOFTWARE FAILURES, UNAVAILABLE OR INTERRUPTED NETWORK CONNECTIONS, BREACH OF SECURITY, OR VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR THE CONDUCT OF ANY SITE USER.  IF YOU ARE DISSATISFIED WITH THE SITE, THE SITE CONTENT, OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario, excluding its conflict of law rules.  We each expressly agree and attorn to the exclusive jurisdiction and venue of the courts in the city of Toronto, Ontario in all disputes arising out of or relating to the use of the Site.

No Waiver

Our failure to enforce any provisions of these Terms of Use or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches.

Severability and Integration

Unless otherwise specified herein, these Terms of Use and the Phoena Privacy Policy incorporated herein constitute the entire agreement between you and us with respect to your use of the Site, subject to the separate terms and conditions of other sites or services to which we provide hyperlinks from this Site.  If any portion of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

Comments

Feel free to e-mail or otherwise provide us with your comments, suggestions or feedback (“Comments”). Should you do so, you agree that: (i) Phoena and its affiliates have no obligation to you or anyone else concerning such Comments; (ii) such Comments are non-confidential; (iii) Phoena and its affiliates may use, disclose, distribute or copy such Comments (including any ideas, concepts or know-how contained in such Comments) for any purpose and without restriction or obligation to you or to anyone else; and (iv) such Comments are truthful and do not violate the legal rights of others.

Contact Information

If you need to contact us regarding the Site, our services, our products or these Terms of Use, please contact us by: (i) phone at 1- 855-794-2266; or (ii) mail us at: Customer Service, Phoena Inc., 3280 Langstaff Road, Unit 1, Vaughan, Ontario L4K 5B6

 

These Terms were last updated on April 20, 2022.

DAN HOGAN

Dan Hogan is a seasoned executive with over 40 years of experience in consumer products companies. Hogan has strong operations, finance and executive leadership skills, as well as extensive experience in restructuring, remediation, continuous improvement, and strategic development.

Hogan is the former Head of Strategic Priorities at Phoena. His career spans multiple senior roles, including CEO of eBags Inc., COO and CFO of the Coleman Company, as well as senior international roles at Georgia-Pacific and World Kitchen.

GREG GUYATT

Greg Guyatt has more than 20 years of experience leading high-performing teams across the cannabis, CPG, retail, pharmaceutical and private equity sectors.

Guyatt is the current CEO of Phoena, following roles as our CFO, CFO of GreenSpace Brands Inc. and increasingly senior roles at Sears Canada.

Guyatt has extensive knowledge across governance, strategic planning, risk management, financial reporting and treasury, as well as a wealth of M&A and capital markets expertise, having begun his career at Deloitte, before spending several years as an investment banker with UBS in the United Kingdom.

DAVID BLAIR, CPA, CA

Chief Financial Officer

David Blair is the Chief Financial Officer of Phoena. Mr. Blair joined the business in October 2019 as the VP of Finance and leads all areas of the company’s financial planning, risk management, record-keeping, and reporting.

An accomplished executive, Mr. Blair has extensive public company controllership, operational and financial strategy experience. Prior to Phoena, Mr. Blair spent 18 years at Wajax, a Canadian distributor of equipment, power systems and industrial machinery, as a corporate controller, following 7 years as a financial analyst with companies including JD Edwards, Apple Inc. and Marion Merrell Dow.

Mr. Blair has a Bachelors in Mathematics from the University of Waterloo and also holds a CPA, CA designation.

SHAWNA PAGE

Director

Ms. Page brings years of experience in both the capital markets, as well as the consumer retail markets.

Ms. Page spent 10 years working at Merrill Lynch Canada, followed by 10 years at TD Securities where she was Managing Director and Chief of Staff.

In 2007, Shawna launched a unique mass-channel brand of gender-specific and condition-specific products into the highly regulated nutraceutical industry across Canada, and later in various international markets, which she successfully exited in November 2016.

MARK DAWBER, FCPA, FCA

Director

Mr. Dawber is a FCPA with significant public accounting experience having been an Audit Partner at Moore Stephens Hyde Houghton from 1971 until 1998 and BDO Canada LLP from 1999 to 2000.

He has extensive public company experience having served on public company boards for many years as an independent director, chair of audit committees and as a member of governance and compensation committees.

He has conducted numerous assignments for the Institute of Chartered Accountants of Ontario’s Professional Conduct Committee.

MITCHELL SANDERS

Director

Senior Partner at Goldman, Spring, Kichler & Sanders LLP, an established boutique commercial law firm in Toronto.

Specializes in corporate finance, mergers and acquisitions, and securities law to mid-market clients in Canada and the US.

Serves on the board of numerous companies and not-for-profit entities.

Former member of the Small Business Advisory Committee to the Ontario Securities Commission and TEC, an international organization of CEO’s.

ROBERT MARCOVITCH

Chairman of the Board

Mr. Marcovitch is a seasoned chief executive with substantial business experience, managing companies with in excess of $1 billion dollars in revenue.

Until recently, he was the President and CEO of K2 Sports, an international developer, manufacturer, marketer and distributor of winter sports equipment (and was previously with K2 from 1999 to 2011). His responsibilities included managing factories in Europe, the USA and Asia.

He was previously the Chief Executive Officer at The Coleman Outdoor Company from 2011 until 2015, and prior to that, was Chief Executive Officer and President of Ride, Inc. from 1994 to 1999, which prior to its acquisition by K2 was a large publicly traded company.

ANNA JAKOBSMEIER

Senior Director, Production

Anna Jakobsmeier is the Senior Director of Production, leading Phoena’s Vaughan Manufacturing Facility.

She began her tenure with Phoena in 2016, overseeing the extraction department and was responsible for launching our award-winning cannabis oils and capsules. In her time with the business, Anna has taken on increasingly more senior roles within the business and currently manages all production and manufacturing projects in our Vaughan facility. Anna has simultaneously led a number of special projects for the business, notably leading the redesign and renovation of Phoena’s GPP facility, while successfully maintaining operations.

Ms. Jakobsmeier brings significant international experience to the Phoena team having worked in numerous Countries in the beverage alcohol and agriculture industries, across operations and logistics roles.

When she isn’t travelling or exploring music and arts festivals, Anna enjoys spending time at home with her puppy Ralphie.

DAVID HAMBY

Chief Operating Officer

As an experienced farmer, David Hamby oversees the growing operation at Phoena’s greenhouse facility in Pelham, ON. Prior to joining the business, David was the President of Operations at the Cambridge Towel Companies where he was responsible for the oversight of manufacturing operations in Ontario, North Carolina and South Carolina.

He is also an inventor and holds the US and Canadian patent for an institutional towel format.

David obtained the rank of Sergeant First Class in the US Armed Forces and a Vietnam veteran, having spent five years in active duty and eight years in the Reserve.

CHARL VAN RENSBURG

VP, Sales and Business Development

Charl van Rensburg is the Vice President of Sales and Business Development. In his role, he will be responsible for managing all recreational, medical, and international sales, as well as driving existing and new product growth. He is a passionate and collaborative senior sales leader with 20+ years of international sales and business development experience in various sectors and regulated industries – including Consumer Packaged Goods and Beverage Alcohol.

Prior to joining Phoena, Charl gained vast experience working his way up in multinational organizations (including British American Tobacco, MolsonCoors Canada and Brown – Foreman) where he contributed strategically, operational and tactically to help drive and achieve corporate objectives. Brands he has managed include Jack Daniel’s, Heineken, Miller, Corona, Coors Light, Molson Canadian as well as du Maurier, Dunhill, Marlboro, Lucky Strike and Vogue.

Charl’s educational background lies in Business Administration and Marketing Management.

ROB SCHENKEL, MBA

SVP & Chief Information Officer

Rob Schenkel is the Chief Information Officer at CannTrust where he is responsible for CannTrust’s technology strategy, vision, and roadmap for applications, infrastructure, architecture, service delivery, and information security. He started with CannTrust in October 2018 as VP, Information Technology.

Prior to CannTrust, Rob served as the Chief Technology Officer of Tulkita Technologies Inc., a boutique management consulting where he led organizations towards IT optimization by applying innovative solutions to a global workforce.

Rob’s 20-year career of providing senior leadership to startups has been instrumental for CannTrust as it continues its rapid growth. He began his career as a founder of Acpana Systems Inc., where he helped create Data Box, an early entrant in the cloud computing and remote digital data storage sector. There, he was part of the team that expanded the business and eventually took the company public.

Rob received an Honours degree in Computing and Computer Electronics from Wilfred Laurier University and later earned his Executive MBA from the Ivey Business School at Western University.

JEFFERY ZIETLOW, MBA

SVP & Chief Commercial Officer

Jeffrey Zietlow is the Chief Commercial Officer at Phoena where he leads the company’s marketing, sales, and innovation strategy. He began his tenure with Phoena as the Vice President of Marketing during which the company was recognized at the 2018 Licensed Producer of the Year.

Jeffery’s has vast experience as a senior marketing executive with broad operational expertise in corporate strategy, business development, supply chain and operations. Prior to joining Phoena, Jeffery provided executive leadership at Mill Street Brewery as the Vice President of Marketing. Prior to that, Jeffery was the Director of Marketing at Mother Parkers Tea and Coffee where he developed the vision, led the creation and launch of the new single serve beverage business, RealCup™, compatible with Keurig brewing systems, which grew exponentially over the first 24 months. It was during this time he developed a talent for building cross-functional teams and lead new product innovations.

His career began at Kraft Foods Canada where he excelled through a variety of positions in manufacturing, supply chain, strategy and growth before taking the reigns as director of marketing where he led strategy and business leadership of Premium and Super Premium Coffee Categories, including Nabob, Starbucks and Tassimo.

Jeffery earned his undergraduate degree in engineering from McGill University and later went on to earn his MBA from the Rotman school of Management at the University of Toronto.

DR. ILANA PLATT, PhD

SVP & Chief Regulatory Officer - RP & A/QAP

Dr. Ilana Platt is the Chief Regulatory Officer at Phoena.

She began her tenure with Phoena in 2013, overseeing all aspects of Regulatory Affairs, Quality Assurance, Analytical Sciences, and R&D.  Dr. Platt was instrumental in obtaining numerous key licenses for the company including the original licenses to grow, manufacture, and sell dried cannabis; to manufacture and sell cannabis oil; and the rarely issued Controlled Drugs and Substances licence, which permitted the company to conduct research on cannabis at a time when research activities were not permitted under the governing cannabis regulations.

Dr. Platt’s illustrious career includes more than 12 years as a regulatory science, regulatory affairs and quality assurance professional.  Her 18 years of research experience is vast, and covers clinical, animal, cell research and R&D.

Dr. Platt earned her BSc. At McMaster University in biochemistry and her PhD at the University of Toronto in medical sciences.  Following her PhD studies, Dr. Platt completed a Fellowship at Harvard Schools of Medicine and Dental Medicine.  Dr. Platt is the recipient of 13 national and international awards, including a post-graduate scholarship from the Natural Sciences and Engineering Research Council of Canada.

GREG GUYATT, CPA, CA

Chief Executive Officer

Greg Guyatt is the Chief Executive Officer of Phoena. He joined the business in February 2019 as Chief Financial Officer. Previously, he served as the CFO of GreenSpace Brands. Inc., a Canadian-based premium natural food product company, and brings more than 20 years of experience leading high-performing finance teams from the CPG, pharmaceutical and private equity sectors.

From 2009 through 2016, he held increasingly senior finance roles at Sears Canada, and prior to that spent seven years in the pharmaceutical industry. In these roles, he had responsibility for a broad portfolio of financial operations including governance, audit and risk management, financial reporting, treasury and strategic planning, and has a wealth of M&A and capital markets expertise.

He began his career at Deloitte, followed by several years as an investment banker with UBS in the United Kingdom. Mr. Guyatt holds a B.Comm from Mount Allison University, and a CPA, CA designation.