Terms and Conditions
Welcome to Top Canna Clinic! We provide a service to help you seek a medical professional who can prescribe alternative medicines to treat your conditions. Before using the Site, please read through these Terms carefully.
1 Our Disclosures Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:
•We may amend these Terms at any time by publishing updating terms on our Site;
•We may cancel, at any time before the commencement of a Booking for whatever reason, a Booking that we have previously accepted;
•To the maximum extent permitted by law, the Price is non-refundable;
•Our liability under these Terms is limited to the Price paid by you for the services the subject of the relevant claim, and we will not be liable for Consequential Loss;
•We will have no liability for any aspect of the Patient and Medical Practitioner interaction including the services offered by the Medical Practitioner, the description of the services requested or offered, any advice provided, the performance of services and any event outside of our reasonable control;
•We receive a booking fee from each Patient for payments made through the Site;
•We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site or for featuring certain products or services on the Site. Nothing in these terms limit your rights under the Australian Consumer Law.
2.1 The information on our website is intended to be general information only is in no way intended to be medical advice, treatment or diagnoses. The information provided on the Platforms is should not be substituted for medical advice by your health professional. We do not accept any liability for any injury, loss, or damage incurred by the use or reliance on the information provided on the Site. For any concerns relating to a suspected medical condition, please seek immediate advice from a medical practitioner.
2.2 By using the site and our services, you acknowledge that the prescription, supply, possession and use of certain alternative medicines is regulated by state, territory and federal legislation, which can affect whether or not you can be prescribed particular medicines in your state or territory. Certain alternative or prescription medicines can only be prescribed by a registered medical practitioner. If you are interested in using certain alternative medicines or treatments, we recommend you consult with a healthcare practitioner who, where clinically appropriate, may be able to provide advice on certain alternative medicines and the relevant access pathways.
2.3 You understand that we are not responsible for and do not guarantee any access or prescriptions for any alternative and prescription medication or treatments. Our services involve connecting you with a medical practitioner who may, based on their own judgement, medical expertise and assessment of your suitability for such treatments or care, prescribe alternative medicines or treatments to you.
2.4 We are not responsible for your relationship with any dispensary, retail location, medical practitioner, health care provider, any third-party, or other users of the site or services and do not make any guarantees as to any medical advice, products or services that a third party (including the medical practitioner) may provide you.
3.1 These terms and conditions (Terms) are entered into between Top canna clinic ABN 56 662 873 270 (we, us or our) and you, the party stated in the Consultation Form or the individual accessing or using the Site (you, your or Patient), together the Parties and each a Party.
3.2 We provide a Site where you can make bookings for consultations with a medical practitioner who is able to prescribe certain other alternative medicines (Medical Practitioners), will assess your medical condition and suitability for treatment, and provide advice on the products which are available and the relevant access pathways (Site).
4 Acceptance and Site Licence
4.1 You accept these Terms by the earlier of: (a) ticking a box online indicating your acceptance of these Terms; (b) filling out the Consultation Form; or (c) making payment of any part of the Price.
4.2 You must be at least 18 years old to use the Site.
4.3 Subject to your compliance with these Terms, we grant you a personal, non- exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
4.4 When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
(b) using the site to defame, harass, threaten, menace or offend any person;
(c) using the Site for unlawful purposes;
(d) interfeing with any user of the site
(e) tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
(f) using the Site to send unsolicited electronic messages;
(g) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(h) facilitating or assisting a third party to do any of the above acts.
5.1 The Site is a site where Patients make a booking for a consultation with a Medical Practitioner online. We provide the Site to users (including hosting and maintaining the Site) to facilitate Bookings (Top Canna Clinic Services). You understand and agree that we only make available the Top Canna Clinic Services. We are not party to any agreement entered into between a Patient and a Medical Practitioner and we have no control over the conduct of Medical Practitioners, Patients or any other users of the Site.
5.2 You can make a request to book in a consultation (Booking Request) through the Site using the Consultation Form provided. You must provide us with all the information requested in the Consultation Form, including (but not limited to) your name, contact number, email address, medical conditions and Medicare number.
5.4 Upon full payment of the booking fee (the Price) in accordance with these Terms, your Booking Request is completed and becomes a confirmed booking (Booking).
5.5 Once your Booking Request is accepted by us, we will send you a confirmation email with the details of the Booking and the Price paid (Booking Confirmation). It is your responsibility to check the booking details providing in the confirmation email prior to the commencement of your Booking.
5.6 Patients and Medical Practitioners may enter into written agreements in relation to the services. To the extent there is inconsistency between any additional terms and conditions and these Terms, these Terms will prevail.
6.1 We may contact you via off-Site communication channels, such as text message or email.
6.2 Patients and Medical Practitioners can communicate privately offline using the listed contact details once a Booking has been made.
7 Price and Payments
7.1 You must pay us the Price in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable).
7.2 You must pay the Price in full, upfront using one of the methods set out on the Site.
7.3 Unless otherwise indicated in these Terms, to the maximum extent permitted by law, all amounts paid to us are non-refundable.
7.4 You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
7.5 The payment methods we offer are set out on the Site. We may offer payment through a third-party provider, such as PayPal. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third- party payment method may be subject to additional terms and conditions.
7.6 We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
7.7 You agree that we may set-off or deduct from any monies payable to you under these Terms, any amounts which are payable by you to us (whether under these Terms or otherwise).
8 Cancellation Policy
8.1 You may cancel your Booking at any time by emailing or calling us, identifying your Booking and requesting cancellation of your Booking. Your Booking will not be cancelled until we provide confirmation of the cancellation of your Booking in writing.
8.2 Where you cancel your Booking:
(a) more than 48 hours before the time of your Booking, the Price paid for the Booking will be refunded to you;
(b) less than 48 hours before the time of your Booking, we reserve the right to charge you the full Price for the Top Canna Clinic Services and you will not be entitled to a refund for the Price; and
(c) A cancellation fee may be charged by the Medical Practitioner as a result of your cancellation. We will inform you if any cancellation fee is to be charged to you.
8.3 You agree the above cancellation fees are a genuine pre-estimate of our loss due to blocking your Booking date and time and preventing other clients from booking that Booking date and time.
8.4 Our cancellation: Due to unforeseen circumstances such as illness or a pandemic or government enforced lockdowns or shutdowns, you acknowledge that we or the Medical Practitioner may need to reschedule the date of your Booking. Where we need to reschedule an Booking, we will notify you at our earliest convenience and we will reschedule at a time to be agreed between the Parties.
8.5 This clause will survive the termination or expiry of these Terms.
9 Intellectual Property
9.1 All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
9.2 We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.
9.3 You must not, without our prior written consent:
(d) copy, in or whole or in part , any of our Intellectual property;
(f) breach any intellectual property rights connected with the Site, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
9.4 Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
(a) you do not assert that you are the owner of Our Intellectual Property;
(b) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
(c) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
(d) you comply with all other terms of these Terms.
9.5 This clause will survive the termination or expiry of these Terms.
10.1 You represent, warrant and agree that:
(a) you will not use our Site, including Our Intellectual Property, in any way that competes with our business;
(b) you will not attempt to circumvent the Top Canna Clinic Services, and any subsequent Bookings with the Medical Practitioner must be placed through the Site (and not directly with the Medical Practitioner);
(c) you will comply with these Terms and all applicable laws;
(d) there are no legal restrictions preventing you from entering into these Terms;
(e) all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
(f) you will immediately inform us of any changes to any information provided to us in the Consultation Form;
(g) you have not relied on any representations or warranties made by us in relation to the Site (including as to whether the Site is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms.
11 Australian Consumer Law
11.1 Certain legislation, including the Australian Consumer Law (ACL) in 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 provision of the Site by us to you which cannot be excluded, restricted or modified (Consumer Law Rights).
11.2 If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Site provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
11.3 Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including the Site) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
11.4 As a Patient, the services provided by a Medical Practitioner may also confer on you certain rights under the ACL.
11.5 This clause will survive the termination or expiry of these Terms.
12 Collection Notice
13 Exclusions to liability
13.1 Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
(a) any aspect of the Patient and Medical Practitioner interaction including the services offered by the Medical Practitioner, the description of the services requested or offered, any advice provided, the performance of services or;
(b) you not providing us with current health and medical information;
(c) any third parties or any goods or services provided by third parties; and
(d) any event outside of our reasonable control.
13.2 You agree to indemnify us for any Liability we incur due to your breach of the Acceptance and Site Licence clause, the Confidentiality clause and the Intellectual Property clause of these Terms.
13.3 This clause will survive the termination or expiry of these Terms.
14 Limitations on liability
14.1 To the maximum extent permitted by law:
(a) neither Party will be liable for Consequential Loss;
(b) each Party’s liability for any 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 that Party’s personnel, including any failure by that party to mitigate its losses; and
(c) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Top Canna Clinic Services to you or, in our sole discretion, to us repaying you the amount of the Price paid by you to us in respect of the supply of the Top Canna Clinic Services to which the Liability relates
14.2 This clause will survive the termination or expiry of these Terms.
15 Term and Termination
15.1 We may terminate these Terms and any Bookings at any time by giving written notice to you, including where we determine you are ineligible for the Services (Termination for Convenience).
15.2 These Terms will commence on the Start Date and will continue until the Services have been provided to you, unless earlier terminated in accordance with this clause 15.
15.3 These Terms will terminate immediately upon written notice by a Party (Non- Defaulting Party) if: (a) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or (b) the Defaulting Party is unable to pay its debts as they fall due.
15.4 Should we suspect that you are in breach of these Terms, we may put your Booking on hold while we investigate the suspected breach.
15.5 Upon expiry or termination of these Terms:
(a) we will immediately cease providing the Top Canna Clinic Services;
(b) you agree that other than where termination is due to our Termination for Convenience and to the maximum extent permitted by law, any payments made by you to us (including the Price) are not refundable to you;
(c) we will cancel any existing Bookings and you will lose the Price and other amounts paid other than where termination is due to our Termination for Convenience; and
(d) where we terminate the Terms for any reason other than a Termination for Convenience, you also agree to pay us our reasonable additional costs directly arising from such termination (including legal fees, debt collector fees and mercantile agent fees).
15.6 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
15.7 This clause will survive the termination or expiry of these Terms.
16.1 Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing a Booking Request, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any Booking Request that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your Booking Request.
16.2 Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
16.3 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
16.4 Confidentiality: Other than where the disclosure is permitted by law, each Party agrees not to disclose any confidential information it may access on or through the Site to a third party, or otherwise misuse such confidential information. Confidential information may include confidential information supplied to you by us, by a Patient, or by a Medical Practitioner.
16.5 Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Patient and us, or a Medical Practitioner and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to
resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of South Australia to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties.
Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
16.6 Entire Terms: Subject to your Consumer Law Rights, these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
16.7 Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
16.8 Further assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and their obligations under it.
16.9 Governing law: These Terms are governed by the laws of South Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in South Australia and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
16.10 Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
16.11 Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
16.12 Publicity: With your prior written consent, You agree that we may advertise or publicise the broad nature of our supply of the Top Canna Clinic Services to you, including on our website or in our promotional material.
16.13 Relationship of Parties: These Terms are not intended to create a partnership, joint venture,
employment or agency relationship between the Parties.
16.14 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
16.15 Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third
party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links
are Affiliate Links.
17.1 Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
17.2 Consultation Form means the form we provide to you to fill out on the Site prior to completing your Booking and includes requesting information about your health and medical conditions.
17.3 GST has the meaning which it is given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
17.4 Intellectual Property means any copyright, registered or unregistered designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
17.5 Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.
17.6 Intellectual Property Breach means any breach by you (or any of your personnel) of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).
17.7 Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
17.8 Start Date means the date these Terms are accepted in accordance with clause
For any questions or notices, please contact us at:
Top Canna Clinic Co Pty Ltd
ABN 40 659 060 901
Last update: 27 April 2022
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