Terms and Conditions
Terms and Conditions
Please read these Terms and Conditions (Terms) carefully before you accept. We, The Trustee for Ravas Holdings Family Trust t/a Doctor Canna (ABN 66 516 591 311) (Doctor Canna, we, us, our) draw your attention to:
• Our Privacy Policy (on our website which sets out how we will handle your personal information; • Our variations clause (clause 24) which sets out how we may amend these Terms;
• Liability and indemnity (clause 20) which sets out exclusions and limitations to our liability under these Terms.
These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.
1. General
By accessing or using the Doctor Canna website (https://doctorcanna.com.au) (Website) or using our telehealth services, you agree to comply with and be bound by these Terms. Please read these Terms thoroughly before proceeding with any services.
All services provided by Doctor Canna, including telehealth consultations, and medicinal cannabis prescriptions (Services), are in full compliance with the applicable laws, regulations, and professional standards in Australia. You also agree to adhere to all legal and regulatory requirements concerning the use of our Services.
2. Our Services
Our Services are only available to you if you meet the following criteria:
• You are at least 18 years of age;
• You are a current resident of Australia, with a valid Australian residential address;
• You are accessing the Services for your personal use, and not on behalf of any third party, unless you possess the legal authority to do so.
By using our Services, you confirm that you have the legal capacity and authority to agree to and comply with these Terms. You further warrant that each of the conditions listed above is true, accurate, and applicable whenever you access our Services. We reserve the right to request additional documentation to verify your age and Australian residency status. Provision of false information regarding age or residency will result in immediate termination of Services.
3. Using our Services
By accessing our Website and any other digital media and services platforms made available by us from time to time (Platform) and utilising our Services, you agree to comply with and be bound by these Terms, including our Privacy Policy. If you do not agree to these Terms, you must cease using our Services immediately.
In order for us to provide the Services to you, you may be required to use the Platform and/or Website to:
• Provide information relevant to your healthcare, treatment, and any medications that may have been prescribed to you by us or another healthcare provider.
• Attend consultations with medical and other health practitioners (Healthcare Practitioners).
• If a prescription is deemed necessary, you authorise us to share it exclusively with our partner pharmacies to facilitate the ordering and delivery of your medication. You acknowledge and consent to us using the information you provide to facilitate the dispensing and delivery of your medication
through our partner pharmacies. Additionally, you authorize us to share any necessary information with health practitioners (including Healthcare Practitioners) and the partner pharmacies to ensure the provision of Services and proper medication dispensing and delivery.
4. Accurate Information
To access our Platform and use our Services, you are required to provide accurate, current, and complete information about yourself, including but not limited to your full name, date of birth, contact details, bank details, credit or debit card information, Medicare card details, medical history, and any other information reasonably requested by us to facilitate the provision of our Services.
You agree to promptly update this information to maintain its ongoing accuracy whenever you use our Services. If the information you provide is incomplete or inaccurate, we may be unable to provide the Services to you.
Doctor Canna is not liable for any consequences arising from incomplete or inaccurate health information you provide, including during telehealth consultations.
5. Access and Security
You must immediately notify us if you become aware of any unauthorized use of your account, including your name, username, password, or any other security breach related to the Platform. When using the Platform and our Services, you agree to:
• Maintain the confidentiality of your account credentials, including your username and password;
• Take all reasonable precautions to prevent any third party from gaining access to the Platform using your credentials; and
• Use a secure and private environment to safeguard the confidentiality of the information you use to access the Platform.
6. Acknowledgement and Disclaimers
a. By using the Platform and our Services, you agree to the following:
• You will not use our Services for any fraudulent, unlawful, or illegal activity.
• You will not share any inappropriate, offensive, or illegal content.
• You will treat all staff, including those of our partners and suppliers, with respect and courtesy, refraining from using abusive or threatening language or behaviour in any communications with us, our partners, or suppliers.
• You will not attempt to deceive or mislead our staff, or the staff of our suppliers and partners, in any manner, including while receiving any Services.
b. You acknowledge that the Website and Platform contain only general information, and we make no warranty or representation that any of the information contained herein will be suitable for your specific needs.
c. You acknowledge that Doctor Canna does not warrant that the Website or Platform will be constantly available, or available at all; or that the information on this website is complete, true, accurate or non-misleading. Any information accessed through the Website, Platform or Services, or within Doctor Canna’s social media pages or channels is for informational and educational purposes only and is not intended to be a substitute for medical advice, diagnosis, or treatment.
d. You acknowledge that nothing on the Website or Platform constitutes, or is meant to constitute, advice of any kind.
e. Doctor Canna is not responsible for your relationship with any Healthcare Practitioners, partner pharmacies, third parties or other users of the Website, Platform or Services.
f. We are committed to maintaining a safe and respectful environment for our team, and we expect you to treat our staff with courtesy and respect. By using our Services, you agree to provide accurate and honest information regarding your medical history and to refrain from harassing, abusing, or intimidating our staff. Failure to comply with these expectations will result in immediate termination of our Services.
7. Clinical Discretion
• Doctor Canna reserves the right to refuse, decline, or discontinue Services at any time if deemed necessary.
• Consultations may be interrupted, rescheduled, or discontinued as deemed appropriate. • Additional consultations may be required before treatment can proceed.
• The issuance of a prescription is at the sole discretion of the prescribing Healthcare Practitioner and will only be provided if clinically appropriate. A prescription will not be issued if deemed medically unnecessary or unsuitable following your consultation.
8. Medication Dispensing and Pharmacy Services
Doctor Canna is not a pharmacy and does not directly dispense medications. Instead, we collaborate with our preferred pharmacies (Partner Pharmacies) to facilitate the purchase of your medication and ensure your prescription is accurately filled and delivered. We will send your prescription to the most appropriate Partner Pharmacy from our network of Partner Pharmacies for processing. By using our Services, you consent to sharing your personal information with the chosen Partner Pharmacy and authorize us to contact them on your behalf, in accordance with our Privacy Policy. Additionally, you agree to the exchange of prescription details between Doctor Canna and the Partner Pharmacy to ensure proper medication dispensing. The sale, supply and delivery of the medication is subject to a separate agreement between you and relevant Partner Pharmacy.
Doctor Canna does not control, nor make any guarantees regarding, the accuracy or decision making process of the Partner Pharmacy in dispensing your medication. You may be contacted by Doctor Canna, an affiliated company, or the Partner Pharmacy to assist with your order, provide product information, or offer instructions for returns. While Healthcare Practitioners will inform you of common side effects, you acknowledge that all medications may cause side effects and interactions. You agree to read all provided medication information and to promptly report any adverse effects to us and seek immediate medical attention if necessary.
All Partner Pharmacy deliveries may require a signature upon receipt to protect your privacy and ensure the secure delivery of your medication. Prescription medications will not be left without a signature.
If you do not wish to place an order for the prescribed products with our Partner Pharmacy through the Website or Platform or by calling us (Order), but instead you prefer to have your prescription filled by a pharmacy that is not a Partner Pharmacy, please contact our Patient Support Team. We will arrange for your prescription to be sent to either you or your chosen pharmacy. Please note that by choosing an alternative pharmacy, Doctor Canna cannot guarantee delivery times, service quality, or the safety and effectiveness of medications dispensed by those pharmacies. Please note that a non Partner Pharmacy may require further information which is contained in your health records held by Doctor Canna (Health Records) in order to process your prescription and dispense your medication. Upon your request, we will collate and release your Health Records to you, or if you authorise us, to your preferred non-Partner Pharmacy. In this case, we will charge you an administrative fee of $42.00
in accordance with Health Records Act 2001 (Vic) and the Health Records Regulations 2023 (Vic), as updated from time to time (Administrative Fee).
Initial prescriptions are valid for a period determined by the prescribing practitioner, not exceeding 12 months. Prescription renewals require a follow-up consultation to assess your ongoing treatment needs. You are responsible for contacting us to arrange prescription renewals before your current prescription expires.
9. Compliance with TGA Regulations
Doctor Canna complies with all relevant Therapeutic Goods Act and Regulations, particularly those pertaining to medicinal cannabis. You agree to comply with all TGA requirements related to your prescribed medications.
10. Switching Clinics Offer
a. If you wish to change from your current clinic (Current Clinic) to Doctor Canna, then Doctor Canna will reduce the Consultation Fee for the first appointment through Doctor Canna to $15.00 (Offer).
b. The Offer is subject to the following conditions:
i. To access the Offer, you must provide a discharge letter from your Current Clinic (Discharge Letter) prior to making your first appointment through Doctor Canna; and
ii. The Offer only applies to new patients of Doctor Canna; and
iii. Standard Consultation Fee will apply to all subsequent appointments through Doctor Canna.
c. Each patient is assessed on a case by case basis, and providing a Discharge Letter does not guarantee that a specific treatment will be deemed appropriate for you by a Healthcare Practitioner during an initial consultation.
11. Communications and Third Parties
a. SMS Consent
By providing your phone number, you consent to receiving text (SMS) messages from Doctor Canna and its authorised representatives. Please be aware that standard text messaging rates from your mobile carrier may apply to any messages we send. Receiving promotional text messages is not a requirement for any purchase or service provided by Doctor Canna. If you change or deactivate the phone number you have provided, please ensure you update your account information promptly to avoid unintentionally contacting the new owner of your previous number. You agree that texts, calls, or pre-recorded messages may be generated by automatic telephone dialling systems.
b. Email Consent
By providing your email address, you consent to receiving emails related to our Services and those of third parties, as well as communications necessary to facilitate the provision of these Services.
c. Third Party Interactions
When using the Website, Platform or Services, you may enter into correspondence with, purchase goods and/or services from, or participate in other activities of third-party service providers, including Healthcare Practitioners, Partner Pharmacies, advertisers or sponsors (Third Party Partners) showing their goods or services through the Website, Platform or Services or communicated to you by Doctor Canna via SMS or email (Third Party Interactions). Doctor Canna is not a party to any transaction that you may enter into with a third party. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party. Doctor Canna shall have no liability, obligation or responsibility for any such
correspondence, purchase, transaction, or promotion between you and any such third-party. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Website, Platform or Services.
d. Third Party Content
The Website or Platform may contain, display or make available the content of third parties (Third Party Content). Third Party Content may include but is not limited to hyperlinks to third party websites or program sponsors. None of these things is to be taken as an endorsement, recommendation or approval of the third party, or sponsor or their products or services. We accept no responsibility for the accuracy, currency or suitability or otherwise regarding Third Party Content. Any use or reliance on such content is at your own risk, and we do not accept liability for any loss, damage, costs or expenses arising as a result of your use of, or interaction with, Third Party Content. When you link to a Third Party Content, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you find necessary or appropriate before proceeding with any transaction in connection with such Third Party Content. Where hyperlinks to Third Party Content are provided through the Website or Platform, we make no claims regarding the suitability or otherwise of the third party’s products or services to your needs, nor do we warrant the third party website is free of viruses or other malicious software.
e. Release regarding other users, Third Party Interactions or Third Party Content
To the maximum extent permitted by law, you hereby release and forever discharge Doctor Canna (and our officers, directors, contractors, employees, agents, successors and assignees) from, and hereby waive and relinquish your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Website, Platform or Service users, Third Party Interactions, or Third Party Content.
12. User content and Feedback
a. You acknowledge that Doctor Canna is not responsible for any and all information and content that you or another user submits to or uses with, the Website, Platform or Services, including without limitation, content in your or other users’ profile (if applicable), your or other user reviews and/or postings (User Content), including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Doctor Canna does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content.
b. You agree not to use the Website, Platform or Services, or any of Doctor Canna’s social media pages or channels to collect, upload, transmit, display, or distribute any User Content that:
i. violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
ii. is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature; or
iii. in violation of any law, regulation, or obligations or restrictions imposed by any third party.
c. You hereby grant, and you represent and warrant that you have the right to grant, to Doctor Canna an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise
use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Website, Platform and Services. You agree to irrevocably consent to permitting Doctor Canna and any respective licensees, assignees and successors in title to infringe any and all moral rights that you may have with respect to your User Content.
d. You hereby grant, and you represent and warrant that you have the right to grant, to Doctor Canna an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Website, Platform and Services. You agree to irrevocably consent to Doctor Canna and any respective licensees, assignees and successors in title to infringe any and all moral rights that you may have with respect to your User Content.
e. Each User of the Website, Platform or Services is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content. Doctor Canna makes no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Users are solely between you and such user. You agree that Doctor Canna will not be responsible for any loss or damage incurred as the result of any such interactions. Doctor Canna is under no obligation to become involved or assist in the resolution of disputes between users.
f. If you provide Doctor Canna any feedback or suggestions regarding the Website, Platform or Services (Feedback), you hereby assign to Doctor Canna all rights in the Feedback and agree that Doctor Canna shall have the right to use such Feedback and related information in any manner it deems appropriate. Doctor Canna will treat any Feedback you provide to Doctor Canna as non confidential and non-proprietary. You agree that you will not submit to Doctor Canna any information or ideas that you consider to be confidential or proprietary.
13. Fees
a. The fee for each medical appointment booked with Doctor Canna is $28.00 (Consultation Fee). The Consultation Fee must be paid in full at the time of booking the appointment.
b. A $25.00 shipping and handling fee is applied to all Orders (Handling Fee). 14. Cancellations, rescheduling and refunds
We understand that unforeseen circumstances may arise, and you may need to cancel or reschedule your medical appointment. To ensure fair access to appointments and to respect our practitioners time, we ask that you notify us in advance.
a. If you notify us at least 24 hours before your scheduled appointment that you wish to cancel or reschedule, then we will:
i. refund your Consultation Fee in the event of a cancellation; or
ii. reschedule your appointment at no further cost if you have requested to reschedule it.
b. However, if you seek to cancel or reschedule your appointment less than 24 hours from its scheduled time and date, then:
i. in the event of cancellation, we will keep the Consultation Fee paid for that appointment, unless we decide to refund it to you at our absolute discretion; and
ii. in the event of rescheduling, we will keep the Consultation Fee paid for the initial appointment and charge you a further Consultation Fee for the new, rescheduled appointment, unless we decide otherwise at our absolute discretion.
c. Failure to attend the scheduled appointment will be treated pursuant to clause 14(b) above.
d. To request a refund for the circumstances in clause in 14(b), you must submit a written request via email [info@doctorcanna.com.au] detailing the reason for the request. We will review your request and respond within 14 business days.
e. We may cancel your appointment if you do not pay the required fee, or if we do not have any available healthcare practitioners. If we cancel due to a lack of available healthcare practitioners, we will provide you with a full refund of the pre-paid Consultation Fee.
g. All refunds pursuant to these Terms will be processed within a reasonable time frame and issued using the same payment method as the original transaction.
15. Issues with Orders
a. If any or all of the products within your Order are incorrect, missing or visibly defective (Wrong Product), please contact us immediately on [1300 372 262] or [info@doctorcanna.com.au] upon discovering the issue. We may require you to provide to us evidence of Wrong Product(s). If we agree that the product or products are Wrong Products, then we will, at our discretion, either replace, or refund the cost of, the Wrong Product. In the event of a refund, we will pay you the amount you paid for the Wrong Product, but we will not refund the Handling Fee.
b. After placing your Order, you may apply to cancel your Order by calling us on [1300 372 262] or emailing us on [info@doctorcanna.com.au]. If we accept, at our absolute discretion, your request for cancellation, then we will refund you the amount you paid for the Order minus the Handling Fee.
c. For the avoidance of doubt, nothing in this clause 15 applies to any orders made with non- Partner Pharmacies. Please contact your non-Partner Pharmacy directly with regards to any issues that you may have with respect to your order.
16. Termination
We reserve the right to suspend your access to the Services at any time and for any reason at our sole discretion, including for any use of the Website, Platform or the Services in violation of these Terms (Termination). Upon Termination, your right to use the Website, Platform (including any accounts you create with the Website or Platform) or Services will terminate immediately.
Upon Termination, you may request that we compile and release to you your Health Records, which we will provide to you within 30 days of you paying the Administrative Fee.
17. Authorised Representative
You may designate an authorised representative to assist you in your dealings with us, including managing medicine orders, making enquiries, and scheduling consultations. If you require additional support in your care, such as assistance during consultations, please contact info@doctorcanna.com.au, as further documentation may be required.
You are solely responsible for the conduct of your authorised representative while using our Website, Platform or Services.
18. Telehealth Services
By using our Services, you provide informed consent for telehealth consultations and any subsequent treatment prescribed. You acknowledge that:
• Telehealth has limitations compared to in-person consultations.
• You have the right to withdraw consent at any time.
• You may be referred for in-person assessment if deemed necessary by our Healthcare Practitioners.
Our telehealth Services require a stable internet connection. You must use a device with a camera and microphone capable of supporting video calls. By agreeing to these Terms, you acknowledge that:
• You are responsible for ensuring your equipment meets these requirements.
• In the event of technical issues interrupting a consultation, we will make reasonable efforts to reconnect or reschedule the appointment at no additional cost to you.
• You will conduct telehealth consultations in a private, secure environment to maintain confidentiality.
19. Clinic Services and Medications
You agree that:
• It is your responsibility to adhere to any treatment plans and medical advice provided by our Healthcare Practitioners, including attending follow-up appointments as recommended by them.
• If you experience any adverse reactions or side effects from any medication prescribed by our Healthcare Providers, you must promptly inform us.
• Our clinic Services are not intended to replace the ongoing involvement of your primary or other specialist healthcare practitioners responsible for managing your day-to-day healthcare needs. You agree to maintain contact with your community healthcare practitioner.
• If a Healthcare Practitioner advises you to seek additional healthcare services, it is your responsibility to do so. Neither we nor the Healthcare Practitioner are responsible for ensuring that you seek additional healthcare services.
• Medication prescribed to you is strictly for your personal use only. You are responsible for ensuring that no other individual has access to or consumes the medication prescribed to you.
• All prescriptions are issued at the sole discretion of the prescribing Healthcare Practitioner, who may decline to issue a prescription entirely or for any specific medication. Prescribing Healthcare Practitioners may also request supporting documentation, including medical records, to determine whether to issue a prescription.
• You agree to promptly inform us of any changes to your medical history, including new diagnoses, medications, or treatments from other healthcare providers. Failure to keep your medical information current may impact the quality and safety of our Services.
20. Limitation of Liability, Indemnity
a. In this clause 20, a reference to Doctor Canna includes its related bodies corporate, officers, directors, contractors, employees and agents.
b. You agree to indemnify and hold Doctor Canna harmless from any and all losses (including reasonable legal costs and expenses) or liabilities incurred by Doctor Canna arising from any claim, demand, suit, action or proceeding by any person against Doctor Canna arising from, in connection with or in respect of:
i. your breach of the Terms, including a breach of any representations or warranties that you make pursuant to the Terms;
ii. your publication or distribution of any material or information about, or in relation to, the Website, Platform and/or Services.
c. To the maximum extent permitted by law, Doctor Canna’s maximum aggregate liability to you, whether arising under contract, in tort (including negligence), under statute, in equity or otherwise at law, shall not exceed $500.
d. Notwithstanding anything in the Terms, Doctor Canna will not be liable to you or any third party, whether arising under contract, in tort (including negligence), under statute, in equity or otherwise at law, for any indirect or consequential loss or damage, including, but not limited to loss of profit, loss of revenue, loss of business or contracts, business interruption, special damages or pecuniary loss, or loss of data, whether or not such loss or damage was in the reasonable contemplation of the parties at the time of entering into the agreement between them.
21. Data Protection
Doctor Canna takes the privacy and security of your personal health information seriously. All data shared through our platform, including during telehealth consultations, is handled in compliance with our Privacy Policy and relevant data protection laws. Your personal and health information is stored securely on Australian servers in compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. While we take reasonable precautions to protect your information, you acknowledge that no system can be entirely secure, and we cannot guarantee the absolute protection of your data.
We agree to retain any relevant Medical Records in accordance with all applicable laws (including adhering to any mandated data retention periods). The Medical Records will be held in electronic storage by us during and after the term of our Services, having regard to our statutory obligations under the applicable Laws.
22. Intellectual Property
All content and materials available through our Services, including but not limited to text, graphics, website name, source code, images, and logos, are the property of Doctor Canna or are licensed to us. These materials are protected by applicable intellectual property laws. Any unauthorised use, reproduction, or distribution of these materials is strictly prohibited.
23. No Emergency Service
Our Services are not intended to address medical conditions that require immediate, emergency, or urgent care. If you require urgent medical assistance, please call emergency services at 000 or visit the nearest hospital emergency department.
If our staff identify serious concerns regarding an individual’s immediate welfare or believe that the individual may pose a danger to themselves or others, they may contact emergency services to report those concerns.
24. General
These Terms constitute the entire agreement between you and Doctor Canna concerning the Services and your use of the Website, Platform and Services. If any provision of these Terms is deemed unenforceable or invalid by a court, this will be deemed to be deleted and will not affect the operation or interpretation of any other provision of the Terms.
We may update these Terms at any time. Updates will be communicated via email and/or notice on our Website or Platform. Continued use of our Services after such notice constitutes acceptance of the updated Terms.
If you do not agree to these Terms, including any amendments, or if you are dissatisfied with the Website, Platform or Services, your sole option (to the extent permitted by law) is to immediately cease using the Website, Platform or Services.
The laws of the State of Victoria apply to, and govern, the Terms. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. We make no representation that the Website and Platform comply with the laws (including intellectual property laws) of any country outside of Australia. If you access the Website or Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Website or Platform.
We reserve the right to assign our rights and transfer or novate any obligations arising under these Terms. You may not assign your rights or transfer or novate any obligations without our prior written consent.
Dispute Resolution: If a dispute arises in connection with these Terms or our Services, we encourage you to first contact our Patient Support Team to resolve the issue informally. If the dispute cannot be resolved informally, either party may initiate mediation through a mutually agreed mediator. If mediation is unsuccessful, the dispute may be referred to arbitration in accordance with the laws of Victoria, Australia.