Terms and Conditions

Our Disclosures

Please read these Terms carefully before you accept. We draw your attention to:

• Our privacy policy (on our website which sets out how we will handle your personal information;
• Our variations clause (clause 27) which sets out how we may amend these Terms;
• Our indemnity (clause 23) and liability clauses (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 Terms

By accessing or using the Doctor Canna website (https://doctorcanna.com.au) or using our Telehealth services, you agree to comply with and be bound by these Terms and Conditions. Please read these terms thoroughly before proceeding with any services.

All services provided by Doctor Canna, including telehealth consultations, medicinal cannabis prescriptions, and the dispensing of medication, 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 clinic 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 and Conditions. 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 Platforms and utilizing our Services, you agree to comply with and be bound by the terms and conditions outlined in this agreement, 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 are required to use the Platform 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 our Healthcare Practitioners.
• If a prescription is deemed necessary, you authorize 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 the partner pharmacies to ensure proper medication dispensing and delivery.

4. Accurate Information

To access our Platforms 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. Appropriate Use

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 Clinic Services.

7. Clinical Discretion

• Our clinic 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 doctor 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 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 pharmacy from our network of preferred pharmacies for processing. By using our services, you consent to sharing your personal information with the chosen 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 pharmacy to ensure proper medication dispensing. The sale, supply and delivery of the medication is subject to a separate agreement between you and relevant pharmacy.

Doctor Canna does not control, nor make any guarantees regarding, the accuracy or decision-making process of the preferred pharmacy in dispensing your medication. You may be contacted by Doctor Canna, an affiliated company, or the preferred pharmacy to assist with your order, provide product information, or offer instructions for returns. While our 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 pharmacy deliveries 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 prefer to have your prescription filled by a pharmacy outside of our preferred network, 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 other pharmacies. Additionally, an administrative fee may apply for processing and forwarding your prescription to a non-preferred pharmacy.

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 Administration (TGA) regulations, particularly those pertaining to medicinal cannabis. You agree to comply with all TGA requirements related to your prescribed medications.

10. Switching Clinic Campaign

• This offer applies exclusively to initial consultations for new patients.
• To access this promotion, patient must provide a letter indicating their discharge from another alternative healthcare provider
• Each patient is assessed case by case basis, and providing a discharge letter in no way guarantees that a specific treatment will be deemed appropriate for you by a practitioner during an initial consultation.

11. Promotional Communications

1. Phone Number Consent
   By providing your phone number, you consent to receiving text (SMS) messages from Doctor Canna and its authorized 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.
2. Email Consent
   By providing your email address, you consent to receiving emails related to the services we offer, as well as communications necessary to facilitate the provision of these services.

12. Appointment Cancellation and Rescheduling Policy

We understand that unforeseen circumstances may arise, and you may need to cancel or reschedule your appointment. To ensure fair access to appointments and to respect our practitioners time, we ask that you notify us in advance.

• You must call prior to your scheduled appointment if you need to cancel or reschedule
• Failure to provide notice may result in a cancellation fee.
• This policy helps us manage appointment availability and ensures that our practitioners time is used effectively to assist as many patients as possible.

• 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.

13. Payment and Refund Policy

Consultation Fees:

• Initial Consultations: Payment for the initial consultation is required in full at the time of booking. Please note that initial consultation fees are non-refundable under any circumstances.
• Follow-Up Consultations: Payment for follow-up consultations is due after the appointment has been completed. The clinic reserves the right to withhold prescriptions or any additional services until the outstanding balance is settled.
• Cancellation Fees: If an appointment is not cancelled or rescheduled prior to the scheduled time, a cancellation fee will be charged.

Refund Policy:

• Refunds are granted at the sole discretion of the clinic and are considered on a case-by-case basis.
• To request a refund, patients must submit a written request via email, detailing the reason for the request. The clinic will review and respond within 14 business days.
• If a refund is approved, it will be processed within a reasonable time frame and issued using the same payment method as the original transaction.
• In the event that a dispute cannot be resolved directly with the clinic, patients may escalate the matter to the appropriate consumer protection authorities.

14. Missing Orders and Product Quality Issues

If your order has not been delivered as expected or if there are issues with the items you have received, please contact our support team immediately at 1300 372 262 or via email at info@doctorcanna.com.au. Depending on the nature of your concern, we will provide appropriate guidance on the necessary follow-up actions.

15. Termination

We reserve the right to suspend your access to the Services at any time if your use of the Services violates these Terms or any other guidelines communicated to you.

You may terminate these Terms at any time by providing us with written notice. Upon termination or expiry of these Terms, you may request a copy of your medical records, which will be provided within 30 days of receipt of your written request, subject to a reasonable administrative fee.

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 discharge from our services.

16. 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 Services.

17. 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 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.

18. Clinic Services

You agree to the following terms:

• 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 practitioners, 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 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. Prescribers 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.

19. Links to Third-Party Websites

The Website may contain links to external websites, content, or resources operated by third parties. We have no control over the operation, content, or accuracy of these third-party websites or resources. The inclusion of such links does not imply an endorsement of the linked websites, content, or resources. You acknowledge that we have not reviewed these third-party websites, content, or resources, and we are not responsible for any material, actions, or outcomes associated with them.

20. Limitation of Liability, Indemnity and Telehealth Disclaimer

To the maximum extent permitted by law and subject to your Consumer Law Rights, Doctor Canna, including its directors, employees, contractors, and healthcare practitioners, shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from or in connection with:

a) The use or inability to use our services, including but not limited to telehealth consultations;

b) Any decisions made by healthcare practitioners, including eligibility determinations, treatment plans, and the issuance (or non-issuance) of prescriptions;

c) The accuracy, completeness, or reliability of information provided by the patient;

d) Any adverse effects, side effects, or complications resulting from prescribed treatment, including medicinal cannabis;

e) Delays, technical issues, or service interruptions affecting telehealth consultations;

f) Third-party services, including but not limited to pharmacies and delivery providers.

All services provided by Doctor Canna are offered on an “as is” and “as available” basis, without warranties of any kind, express or implied, except where required by law.

While our healthcare practitioners assess each case individually, Doctor Canna does not guarantee that any consultation will result in a prescription or that medicinal cannabis will be deemed appropriate for a patient’s condition. Patients are responsible for complying with all medical advice provided and must seek further medical attention if they experience any adverse effects from their prescribed treatment.

21. Telehealth Disclaimer

By engaging with our services, you acknowledge and accept the limitations associated with telehealth consultations, including but not limited to:

a) The absence of physical examinations, which may limit diagnostic capabilities;

b) The reliance on patient-reported medical history and symptoms;

c) Potential technical disruptions that may impact communication;

d) The possibility that additional medical documentation or assessments may be required before a prescription can be issued.

Our healthcare practitioners will use their professional judgment to determine whether telehealth is suitable for your care. In some cases, they may request further medical records or a supporting letter from your primary healthcare provider to ensure the appropriateness of treatment.

22. Third-Party Services

Doctor Canna may facilitate connections with external service providers, such as pharmacies and delivery services, for the ordering and supply of prescribed medications. However, Doctor Canna assumes no responsibility for:

a) The quality, availability, or timely provision of these medications by third-party pharmacies;

b) Any errors, delays, or service failures caused by third-party providers;

c) Any fees, policies, or terms imposed by external providers.

Patients are responsible for reviewing and complying with the terms and conditions of any third-party services they engage with.

23. Indemnity

To the maximum extent permitted by law and subject to your Consumer Law Rights, yYou agree to indemnify, defend, and hold harmless Doctor Canna, its directors, officers, employees, contractors, and healthcare practitioners from and against any claims, liabilities, damages, losses, costs, or expenses (including legal fees) arising directly from:

a) Any failure to disclose relevant medical history or information; or

b) Any misuse, misinterpretation, or unauthorized use of prescriptions or medications.;

This indemnity shall remain in effect even after the termination of your engagement with Doctor Canna and your use of its services.

A party’s liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party (or any of its personnel), including any failure by that other party to mitigate its loss.

24. 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 regulations. 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 (Records) in accordance with all applicable Laws (including adhering to any mandated data retention periods). The 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.

25. 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 unauthorized use, reproduction, or distribution of these materials is strictly prohibited.

26. 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.

27. Australian Consumer Law

Certain legislation, including the Australian Consumer Law (set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights at law, nothing in these Terms excludes those Consumer Law Rights.

28. General

These Terms and Conditions constitute the entire agreement between you and Doctor Canna concerning the Services and your use of the Platform.

We may update these Terms at any time. Updates will be communicated via email and/or notice on our 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 Platform, your sole option (to the extent permitted by law) is to immediately cease using the Platform.

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability will not affect the validity or enforceability of the remaining provisions. The invalid or unenforceable provision will be severed from the Terms, and the remainder will continue in full force and effect.

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.

These Terms are governed by the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts located in Victoria.