CABANA CLUB USA MEMBERSHIP

(THE “PROGRAM”)

Official Terms and Conditions

THESE TERMS AND CONDITIONS GOVERN THE CABANA CLUB AND ELITE TIER MEMBERSHIP PROGRAM (“THE PROGRAM”) ON THE DAILY HIGH CLUB PLATFORM. YOUR PARTICIPATION IN THE PROGRAM CONSTITUTES ACCEPTANCE AND AGREEMENT TO ALL OF THESE TERMS AND CONDITIONS.

Eligibility

Participants must be a resident of the United States, the United Kingdom, or the European Union countries to qualify for a membership in Cabana Club USA. Individuals must be twenty-one (21) years of age or older as of the sign-up date to be eligible for Cabana Club or Elite memberships. Membership benefits will only be granted where permitted by law. All federal, State, and local laws and regulations apply. Proof of identification and eligibility must be provided upon request.

The name on participant identification must be the same as the name provided in creating the membership account. The participant cannot create a Cabana Elite membership with any name other then their own and must provide a valid email address.

Sponsor

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

Company Platform

The Program is available through the Company’s website https://cabanaclubusa.com/ (the “Company Platform”).

Affiliate Platforms

Certain benefits will be available through the Company’s Affiliates (collectively referred to as “Company Affiliates”). Benefits exclusive to Company Affiliates are available through the Company Platform or the Company Affiliate Websites (“Affiliate Platforms”). For a full list of Company Affiliates and Affiliate Platforms, see https://cabanaclubusa.com/.

Personal Information

By purchasing a Cabana Elite membership and voluntarily providing your personal information as set out in these Terms and Conditions, you grant the Company the right to use this personal information for the purposes of administering the Membership Program and for the purposes described in our Privacy Policy. Any inquiry concerning an applicant’s personal information collected and used by the Company should be addressed to info@cabanaclubusa.com.

General Terms and Conditions

These Terms and Conditions govern your participation in the Cabana Club and Cabana ELITE Membership programs on the Daily High Club Platform. For full Terms and Conditions governing participation through other Affiliate Platforms, visit https://cabanaclubusa.com/terms-and-conditions/.

Membership in the Cabana Club ("Membership") and Cabana Elite (“Elite Membership”) is open to individuals 21 years or older. By creating a membership, you are agreeing to these terms and conditions, and you represent that you have the authority and capacity to consent to these Terms. Membership tiers, including the Elite tier (“Elite”), offer varying benefits and pricing. Benefits are not guaranteed. Pricing and benefits are subject to availability and may vary by region or promotional period. Membership fees are billed on a recurring basis and are nonrefundable. The Company may change the price of membership with prior notice. Members may cancel anytime, with cancellations effective at the end of the current billing period.

The Company makes no warranties regarding the quality or availability of products/services and is not liable for any indirect, incidental, or consequential damages related to membership use.

Cabana Club USA program is wholly separate from Cabana Club Canada and Cabana Club Germany. Signing up for Cabana Club USA will not make you a member of Cabana Club in Canada or Germany and does not grant access to benefits therein.

All benefits are subject to relevant 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 place of residence.

By agreeing to these terms and conditions, you agree to receive marketing emails from Cabana Elite and affiliated companies.

The Company reserves the right to withdraw, amend, terminate, or suspend in whole or in part this Program at any time without prior notice and without liability if the Company determines that for any reason the Program is not capable of being conducted as planned.

The Company and each of its directors, officers, employees and agents are not liable, jointly or severally, for any incorrect or inaccurate entry information, human errors, technical malfunctions, failures, viruses, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including, without limitation, any injury or damage to members’ or any other persons’ computer relating to or resulting from submitting a registration; inability to access the registration website; inability to download material; theft, tampering, destruction, or unauthorized access to, or alteration of, data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or the Company website; human or other errors relating to or in connection with the Program, including, without limitation, errors which may occur in connection with the administration of the Program; the processing of memberships; or for any other reason whatsoever. The Company assumes no responsibility or liability in the event that the Program cannot be conducted as planned for any reason. The Company is not responsible for pricing discrepancies or errors in advertised Market Prices or Member Prices resulting from third-party data.

The prices listed in promotional materials, including "Market Price," "Member Price," and "Elite Price," are provided for reference and may differ from actual market prices or available pricing on our affiliated websites. We make every effort to ensure accuracy but do not guarantee that our listed prices reflect the lowest or prevailing market rates. Prices are subject to change without notice, and we are not liable for any discrepancies, errors, or inaccuracies in pricing across our platforms.

All decisions of the Company regarding any and all aspects of the Program are final and binding on all members.

The Program is subject to the applicable laws and is void where prohibited by law. If any provision of these Terms and Conditions is found by any court of competent jurisdiction to be unenforceable, all other provisions will remain in full force and effect.

In the event of any discrepancy or inconsistency between these Terms and Conditions and other statements contained in any Program-related materials, including but not limited to print or online advertising, these Terms and Conditions shall prevail, govern and control.

Participating in this Program constitutes irrevocable acceptance and agreement to all these terms and conditions.

These Terms and Conditions may be amended by the Company at any time without notice.

Limitation Of Liability

You acknowledge and agree that, to the maximum extent not prohibited by law:

Your use of the company platform and the program is at your own risk;

You are solely responsible for, and assume all risks related to, the proper and safe handling, storage, and use of all products sold or distributed through the program. You are responsible for reading and understanding all warning labels or other information that accompany any products;

Under no circumstance(s) (including negligence), shall the company or any of the parties involved in creating, producing, or delivering the program be liable for any incidental, special, consequential, indirect, or punitive damages, or any other losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, from the program through the access to, inability to access, use of, or browsing of the company platform or through your downloading of any company content or other materials, data, text, images, video or audio from the company platform, including but not limited to anything caused by any viruses, bugs, human action or inaction or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections or other communications even if pts has been advised of such incidents; and

The company is not responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in transmission or operation, or any failure of performance whether or not caused by events beyond the company’s reasonable control, including but not limited to force majeure events, communications line failure, theft, destruction, or unauthorized access to the services or sites’ records, programs, or services.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; as a result, the above limitation or exclusion may not apply to you. In the event that the foregoing limitation of liability is determined by a court of competent jurisdiction to be unenforceable, the company’s aggregate liability arising out of or in connection with these terms shall be limited to one hundred U.S. dollars (us$100).

To the fullest extent permitted by applicable law, you, on behalf of your heirs, executors, administrators, legal and personal representatives, hereby release, waive, acquit and forever discharge the company from and against any and all claims you have or may have arising out of or in any way related to these terms and conditions or the services provided hereunder. If you are a California resident, you hereby waive your rights under California civil code 1542, which states “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Indemnification: To the maximum extent not prohibited by applicable law, you agree to indemnify, release, defend, and hold the Company, its parent (if applicable), subsidiaries, Affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives (individually and collectively, the “Company Entities”), harmless (collectively, “indemnify” or any variation thereof) from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with (i) the Program and/or your access to or use of the Company Platform, including any and all Company Content and any features, functionality, tools, and promotions available on and through the Company Platform, (ii) your breach of the Terms, including any violation of national, federal, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (iii) your gross negligence or willful misconduct.

You agree that, at the Company’s option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you to conduct the defense, (i) the Company may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii) you will not enter into any settlement or other compromise without the prior written approval of the Company (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.

Severability

If any provision of these Terms and Conditions is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Governing Law

The Program is controlled and operated by our offices within Calgary, Alberta, Canada. Those who choose to access the Program 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 jurisdictions where the contents of the Program are illegal or penalized is prohibited.

The validity, interpretation, construction, and performance of these Terms and Conditions will be governed by the laws of Alberta, without regard to any conflicts of law provisions.

Definitions

For the purposes of these Terms and Conditions and all advertising on the Company Platform and Affiliate Platforms, “Market Price” means the price at which product offerings are available to customers who do not have Cabana Club or Cabana Elite memberships unless the product is exclusive to Cabana Club or Cabana Elite members. If the product is exclusively available to Cabana Club or Cabana Elite members, “Market Price” may be used to compare the price of the product to the average price of the product at competing online retailers.

“Market Price” refers to the typical retail price of a product. For branded products, this is usually based on the manufacturer's suggested retail price (MSRP) unless there is substantial evidence of competitors consistently offering the product at a higher price. For generic or private-label products, the market price is determined by evaluating similar items in the marketplace, taking into account factors like brand positioning and product differentiation. We regularly review competitor pricing to ensure our market prices remain up-to-date and reflective of current trends.

“Member Price” means the price at which product offerings are available to Cabana Club members.

“Elite Price” means the price at which product offerings are available to Cabana Elite members.

“Stacking discounts” is herein defined as the act of using multiple discounts or benefits on one purchase. Unless otherwise stated, stacking discounts is not permitted on the Cabana Elite website.

By participating in the program, each participant is deemed to have agreed to be bound by the Terms and Conditions. Each participant further agrees to be bound by the decisions of the Company, which shall be final and binding in all respects. The Company reserves the right, in its sole discretion, to cancel memberships at any time and for any reason, including but not limited to the following: (a) suspected violation of the Terms and Conditions; (b) payment failure and/or failure to update payment details after the Company has attempted to restore payments; and/or (c) acting in an disruptive manner, or with intent to annoy, abuse, threaten or harass the Sponsor or any other person.

Universal Cabana Club Benefits

The benefits listed below will be available to Cabana Club free members and Cabana Elite members through the Company Platform and Affiliate Platforms.

1. High Tide Affiliate Discounts

Cabana Club and Cabana Elite members will receive access to discounts on the Company Platform and Affiliate Platforms. The Company is not liable for any issues arising from using these coupons or discounts, including but not limited to service delays, product quality, or failure of third-party delivery fulfillment. The Company is not liable for any direct, indirect, incidental, or consequential damages arising from the use of these discounts.

2. Partner Discounts

Cabana Club and Cabana Elite members will receive access to discounts from partner companies who have agreed to provide discounts through the Company Platform. Partner brands have not endorsed or sponsored and are not officially affiliated with High Tide Inc. or subsidiaries unless explicitly stated. All logos, trademarks, and brand names are owned by their respective owners and are used under permission, where applicable, and not as an indication of endorsement. Limitations to coupon use including but not limited to minimum purchases may apply at the partner brand’s discretion. Coupons will not be accepted after expiry dates. The Company is not liable for any issues arising form using third party coupons or discounts, including but not limited to service delays, product quality, or failure of third-party fulfillment. The Company is not liable for any direct, indirect, incidental, or consequential damages arising from the use of these discounts.

3. Lowest Price Guarantee

Lowest Price Guarantee will be available to all Cabana Club and Cabana Elite members. Affiliate Platforms will match the price of any available product and offer an additional five percent (5%) discount price compared to any legal online retailer that ships to your municipality. To take advantage of this benefit, customers must provide proof of the lower competitor price, and proof that the online retailer ships to your municipality. The product must be identical and in stock. A product is “identical” if it is the same brand, SKU, and package size as a specific product carried by the Company or Affiliates. Competitor prices must be verifiable via legitimate publicly accessible sources such as competitor websites.

4. Free Shipping on Orders over $50.00

Cabana Club members will qualify for free shipping on all orders over $50. Free shipping is not available for Daily High Club El Primo Monthly Subscription boxes.

Universal Cabana Elite Benefits

The benefits listed below will be available to Cabana Elite Members on the Company Platform and Affiliate Platforms.

1. Quarterly giveaways

Quarterly giveaways are subject to our Quarterly Giveaway Terms and Conditions available on participating websites. No purchase necessary to participate in Quarterly Giveaways. Purchases do not increase the odds of winning a giveaway. The prizes will vary each quarter and will be announced on our website. Cabana Elite members will automatically be entered to win the Quarterly Giveaway prize. Cabana Club members must enter manually by visiting our participating websites. Must be 21 years of age or older to participate. Quarterly giveaways may be cancelled or delayed at any time at the Company’s sole discretion. Odds of winning will vary based on the number of entrants. For full sweepstakes official rules, visit Affiliate Platforms.

2. VIP customer support line

Immediate responses ae not guaranteed on our VIP Customer Support Line. While we strive to provide the quickest possible service, our VIP Support Line may be full if we have higher than usual volume of callers and our customer support team is busy. In such cases, you will be placed on-hold until a customer service employee is available to support.

3. Elite exclusive accessories and Industrial Hemp products

Access to exclusive cannabis accessories will be provided to Cabana Elite members. The Company will make a reasonable effort to supply Elite exclusive cannabis accessories. Elite accessories may be removed from production without notice at any time.

4. Access to elite pricing across High Tide US and UK companies

Cabana Elite members will receive Cabana Elite pricing on Affiliate Platforms.

5. Birthday reward coupon

Every Cabana Elite member will receive a birthday reward coupon, redeemable within 7 days before or after their birthday. Birthday reward coupon amounts may vary from year to year. The Company reserves the right to set the birthday reward coupon value.

6. Early access to biggest sales

From time to time, we will run sales on our websites. Cabana Elite members will receive early access to sales pricing on certain large sales as determined by the Company. The Company will make every effort to inform Cabana Elite members in advance of these sales, however the Company does not guarantee that notice will be given.

7. Referral bonus

Starting March 31st, 2025, any Cabana Elite member can refer a friend to Cabana Elite and earn a Referral Bonus the amount of which will be determined by the Sponsor. To claim your referral bonus, the person you referred to Cabana Elite must identify your email address when they sign up for a Cabana Elite membership. During the sign-up process, when asked how they heard about Cabana Elite, the person you referred must select “referral,” and enter the email address associated with your membership.

8. Free shipping

Cabana Elite members will qualify for free shipping on all orders. Free shipping is not available for Daily High Club El Primo Monthly Subscription boxes.

9. Free returns

Cabana Elite members will have access to free returns if they are unsatisfied with their products within 30 days.

DHC benefits: The benefits listed below are available to Cabana Elite members on the Daily High Club website only.

1. Free additional DHC Piece on Subsequent El Primo Delivery

Cabana Elite members will receive one free DHC product on their first El Primo purchase over $30 after the date on which they purchase their membership.

2. Early access to Deluxe Box

Cabana Elite members will receive early access to each Deluxe Box prior to release to non-members. Early access will begin at minimum one week (7 days) prior to the Deluxe Box becoming available to non-members.

Miscellaneous terms

The Company is not liable for any international deliveries, including any failed, incomplete or lost deliveries.

Benefits received under the Cabana Club and Cabana Elite Memberships cannot be exchanged for cash.

Some benefits, including discount coupons, require you to consent to receive Cabana Elite promotional emails.

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

Contacting Us

If you have any questions or concerns about these Terms and Conditions, please contact us at info@cabanaclubusa.com. We will attempt to respond to your questions or concerns promptly after we receive them.

Last updated: May 20, 2026.