Terms & Conditions

BOOKING TERMS AND CONDITIONS

SERVICES CONTRACT

In this agreement:

‘We’, ‘our’ or ‘us’ means Indica Industries Pty Ltd ABN 25 611 697 762 trading as MedReleaf Telehealth Clinic;

‘You’ or ‘your’ means the person identified as the patient via this booking process.

A reference to a ‘party’ is a reference to us or you, and a reference to the ‘parties’ is a reference to both us and you.

These terms govern our relationship with you now and in the future.

You warrant that you have either completed this booking process yourself or someone has assisted you with your authorisation.

(a) Our fees may change from time to time. The fees are only guaranteed when paid by you in full. (b) Our fees are in Australian Dollars and are inclusive of GST. (c) Once you confirm your booking, you agree to be bound by the terms and conditions in the below Services Contract, which governs the terms on which we agree to provide you with our services. (d) We are committed to the National Privacy Principles contained in the Privacy Act 1988 (Cth). The information we have collected about you during this booking process is collected for the purpose of: (i) confirming your booking; (ii) providing you with the services described in the below Services Contract; (iii) providing you with information about issues that may affect you; (iv) facilitating our internal business operations, including the fulfillment of any legal requirements; (v) providing you with information about the goods and services that we or our related entities or organisations that we have affiliations with offer that may be of interest to you; and (vi) analysing the goods and services that we offer and our patients need with a view to developing new and improved goods and services. (e) If the personal information you provide to us is incomplete or inaccurate, we may be unable to provide you with the services you are seeking. (f) We acknowledge that health information is sensitive and commit not to collect health-related information (other than any procedure you have requested) over the Internet. (g) You may access the personal information we hold about you in accordance with our privacy policy, available by contacting us at GPO 2846 Brisbane QLD 4001, emailing telehealth@medreleafclinics.com.au or by calling us on 1300 096 611.

(a) Supply of the Service

We will do our best to ensure that we are able to see you at the Appointment time you have selected. Delays do sometimes arise, but we will do our best to ensure you do not have to wait or do not have to wait long.

To keep delays to a minimum, you need to arrive/be ready at least 5 minutes before your Appointment. If you are not present/available when your Appointment starts, we can cancel your Appointment and do not have to provide the Services to you and may charge you a cancellation fee.

We are also not obliged to provide any services if we determine during your Appointment that it is not in your best medical interests.

Once we have provided you with the Services, you agree to pay us the Fees.

We reserve the right in our sole discretion to invoice you for the Fees. You agree to pay any invoice we issue to you within 14 days after receipt.

(b) Changing or cancelling your Appointment

If you wish to change or cancel your Appointment, please let us know as early as possible so that we may allocate your Appointment to another person. This will help us meet our aim of providing our patients with speedy and efficient services.

(c) Information provided by you

You agree that all information (including your medical history) provided by you in connection with the Services is true and complete to the best of your knowledge.

(d) Confidentiality

Both parties agree to keep confidential, and not to use or disclose, any Confidential Information of the other party that is given to or received by that party either before or after entering into this agreement.

This confidentiality obligation does not apply to the extent that the Confidential Information is required to be disclosed by applicable law, or under compulsion of law by a court or government agency or is in the public domain otherwise as a result of a breach of this agreement or other obligation of confidence.

(e) Intellectual property

The MedReleaf Telehealth Clinics Material remains our property and nothing in this agreement is intended to grant you any Intellectual Property Rights in the MedReleaf Telehealth Clinics Material or other Intellectual Property Rights of us.

(f) Liability

The liability of each party for any loss or damage suffered or incurred by the other party in connection with this agreement is limited to Fees payable by you in the 12 months prior to a party first suffering loss or damage in connection with this agreement.

Neither party will be liable for any Consequential Loss suffered by the other party in connection with this agreement. Consequential Loss means loss that is indirect loss, consequential loss, loss of income or revenue, loss of profits, or loss of savings.

Nothing in this agreement is intended to limit your rights under the Competition and Consumer Act 2010 (Cth). If the Competition and Consumer Act 2010 (Cth) or any other legislation provides that there is a guarantee in relation to any good or service supplied by us in connection with this agreement and our liability for failing to comply with that guarantee cannot be excluded but may be limited, then the limitations on our liability set out above do not apply to that liability and instead our liability for such failure is limited to (at our election):

(i) in the case of a supply of goods, us replacing the goods or supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or of acquiring equivalent goods, or paying the cost of having the goods repaired; or

(ii) in the case of a supply of services, us supplying the services again or paying the cost of having the services supplied again. The limitations of liability in this clause do not apply to:

(i) our professional negligence;
(ii) personal injury or death of any person;
(iii) repudiation of this agreement;
(iv) a breach of clause (d); or
(v) a willful or negligent breach of this agreement.

(g) Force majeure

We will not be in breach of this agreement because of, or liable for, any failure or delay in the performance of our obligations under this agreement to the extent that such failure or delay is wholly or partially caused, directly or indirectly, by a Force Majeure Event or any act or omission by you.

(h) General

The laws of Queensland, Australia govern this agreement. Each party irrevocably submits to the non-exclusive jurisdiction of the Courts of Queensland, Australia and Courts competent to hear appeals from those Courts.

We may assign our interest under this agreement.

Each provision of this agreement will be read and construed as a separate and severable provision or part and if any provision is void or otherwise unenforceable for any reason, then that provision will be severed, and the remainder will be read and construed as if the severable provision had never existed.

No rule of construction applies in the interpretation of this agreement to the disadvantage of the party preparing the document on the basis that it put forward this document or any part of it.

(i) Definitions

In this agreement:

‘Appointment’ means the relevant appointment time booked by you via our online booking process.

‘Confidential Information’ of a party means the terms of this agreement and any information:

(i) relating to the business and affairs of that party;
(ii) relating to the customers, clients, patients, employees, sub-contractors of other persons doing business with that party;
(iii) which is by its nature confidential;
(iv) which is designated as confidential by that party; or
(v) which the other party knows or ought to know is confidential, and includes all trade secrets, know how, financial information or other commercially valuable information of that party, and including the Fees charged by us.

‘Fees’ means the fees we tell you are payable for the Services you receive.

‘Force Majeure Event’ means any occurrence or omission outside our control and includes:

(i) a physical natural disaster including fire, flood, lightning or earthquake;
(ii) war or other state of armed hostilities (whether war is declared or not), insurrection, riot, civil commotion, act of public enemies, national emergency (whether in fact or in law) or declaration of martial law;
(iii) epidemic or quarantine restriction;
(iv) ionizing radiation or contamination by radioactivity from any nuclear waste or from combustion of nuclear fuel;
(v) confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint or damage to property by or under the order of any government agency;
(vi) law taking effect after the date of this agreement; and
(vii) strike, lock-out, stoppage, labour dispute or shortage.

‘Intellectual Property Rights’ means all industrial and intellectual property rights, both in Australia and throughout the world, and includes any copyright, moral right, patent, registered or unregistered trade mark, registered or unregistered design, registered or unregistered plant breeder’s right, trade secret, knowhow, right in relation to trade or business or company name, indication or source or appellation of origin or other proprietary right, or right of registration of such rights.

‘Procedure’ means any procedure requested by you via our online or other booking processes.

‘Services’ means the services we provide to you in relation to a particular Appointment, including any Procedure.

‘MedReleaf Telehealth Clinics Material’ means any material provided by or to which access is given by us to you for the purposes of this agreement, including documents, equipment, reports, technical information, studies, plans, charts, drawings, calculations, tables, schedules and data stored by any means.

WEBSITE TERMS & CONDITIONS (Ts & Cs)

  1. Acceptance of our Terms
    1. By visiting, viewing, accessing or otherwise using Indica Industries Pty Ltd’s website at medreleaftelehealthclinics.com.au (or other relevant domains), including any of the services on the website or information available on the website (together, the “Website”), you agree to be bound by the following Website Terms and Conditions of Use and our Privacy Policy (together, the “Website Ts & Cs”).
    2. If you do not want to be bound by our Website Ts & Cs, then your only option is not to visit, view, access or otherwise use the Website or the services offered via the Website.  You understand, agree, and acknowledge that these Website Ts & Cs constitute a legally binding agreement between you and Indica Industries Pty Ltd (ABN: 25 611 697 762) (“MedReleaf Telehealth Clinics”, “we”, “our” or “us”) and you shall be deemed to have accepted the Website Ts & Cs, if you use and/or access the Website and/or our services.
    3. The Website Ts & Cs apply to all transactions conducted on the Website or using our services.
  2. Your Age
    1. You promise that you are over 18 years of age.  If you are not, you may not use the Website.
  3. Provision of Website and Services
    1. You agree and acknowledge that we may modify, delete, improve, update or discontinue the provision of any information or services on the Website at our sole discretion and without notice to you, even if it may result in you being prevented from accessing any information or service contained on the Website.  Also, you agree and acknowledge that we are entitled to provide services to you through subsidiaries, affiliates, agents or third parties.
    2. You acknowledge that when you book an appointment for a consultation, you are entering into a direct agreement with the professional with whom you make the appointment.  We are engaged by (and paid by) such professionals to facilitate and manage such bookings and payments relating to such bookings.
  4. Use of the Website
    1. The Website is made available to you for personal, non-commercial purposes only.
    2. You may not use the Website or our services in a manner which would circumvent the purpose of the Website, including attempting to solicit direct appointments with doctors listed on our Website without using our services provided via the Website.
    3. You promise that all information you provide on, or in connection with, the Website and your appointments will be (and will be kept) true, accurate, current and complete.
    4. The Website is provided ‘as is’ and you must not (and must not attempt to) alter, edit, interrupt or otherwise interfere with the Website (including, without limitation, no hacking, introduction of ‘viruses’ and/or uploading of spyware).  Further, you must not engage in crawling, scraping, caching or otherwise accessing any content on the Website via automated means or otherwise.
  1. Registration
    1. In order to access and use all the functions of the Website and our services, you must complete the registration process and provide all requested information and details.  You must also provide valid credit card details.
    2. All registrations, bookings and payments will be processed by HotDoc, who will also collect and handle the information you provide in connection with booking an appointment and using the Website and our services.  To be clear, we do not collect or store credit card details, such details are stored and managed by HealthEngine pursuant to HotDoc Terms and Conditions and HotDoc Privacy Policy.
    3. You promise you are authorised to use the credit card you provide in connection with your use of the Website and our services, including paying for an appointment booked via MedReleaf Telehealth Clinics website.
    4. You must let us know immediately if you become aware of any unauthorised use of your details on via our Website.
    5. You agree that we may make your name, address and details available to professionals with whom you make a booking or as otherwise required by law, but we will only otherwise share your details in accordance with our Privacy Policy.
  2. Making a Booking
    1. WE MAKE NO REPRESENTATIONS AND GIVE NO WARRANTIES OR PROMISES IN CONNECTION WITH THE OUTCOME OF ANY BOOKINGS MADE VIA OUR WEBSITE OR THAT THE PROFESSIONAL OF YOUR CHOICE WILL BE AVAILABLE TO YOU AT ANY GIVEN TIME.
    2. When you make a booking via the Website, you are entering into a legal contract with the relevant professional who may require you to provide additional information or agree to further terms and conditions in connection with your appointment or engagement with that professional and must agree to the Booking Terms and Conditions. Nonetheless, these Website Ts & Cs also govern such bookings and arrangements entered between you and the professional with whom you made a booking.  We act merely as an agent for the relevant professional in connection with such bookings.
    3. When you make a booking to see a professional via the Website which is processed by HotDoc, you authorise your credit card to be charged the relevant booking fees and other charges relating to such a booking, subject to these Website Ts & Cs and any other agreements reached between you and us, or you and the professional with whom you made a booking.
    4. When you make a booking, it is your responsibility to:
      1. select the correct type of booking.
      2. be available at the time of the appointment (and as is customary when seeing any professional, allow reasonable leeway for delays and postponement); and
      3. have the necessary technology, software and/or devices available to participate in such appointment, as directed by us and/or chosen by you.
    5. You may only book appointments at times and dates listed as available via the Website and may not cancel or postpone a booking except in accordance with the Cancellation Policy
    6. You may not contact the relevant professional with whom you wish to make a booking until:
      1. you have made the booking.
      2. you have provided all requested and relevant details; and
      3. the appointment time has arrived.
    7. For the avoidance of doubt, your health is your responsibility and we (and the relevant professional) have no obligation to follow-up your appointments, unless otherwise expressly agreed in writing.
    8. You promise that you will act honestly and in good faith and will not provide any misleading or deceptive (whether express or implied) information (including withholding information) in connection with any booking or appointment.
  3. Consultation Payments
    1. For all bookings, your credit card will be charged the relevant fees immediately after the appointment or otherwise in accordance with the Cancellation Policy.
    2. You must follow the Website prompts, provide all relevant details and choose your booking time in order to make a booking.
  1. Cancellation Policy
    1. All appointments and shall be governed by the Cancellation Policy.
  1. Communication Rules and Policies
    1. When you provide information via the Website, use our services or communicate with us or the professionals we represent:
      1. you will not use or submit defamatory, derogatory, discriminatory, illegal, vulgar, obscene, hateful, disingenuous or abusive content or language;
      2. you will not breach any laws or infringe any person’s rights;
      3. you will comply with our directions and requests (and those of the professionals we represent); and
      4. you are solely responsible for your interactions and communications and all interactions and communications made with any professional with whom you book an appointment.  You agree that we are not responsible or liable for the conduct of any user of our services (including you) or any professional with whom you make a booking via the Website.
    2. If you first contact any doctor via the Website or through our services, you may not contact that person in any other manner other than via the Website (or our approved communication methods) or for any purpose other than receiving health services from that doctor, unless you have obtained written permission to do so.
    3. We reserve the right to monitor the use of the Website and communications with professionals booked via the Website.  If you (or your account) show signs of fraud, abuse or suspicious activity, we may cancel or suspend the account and your subscription plan immediately.  We retain the right and absolute discretion to suspend, terminate and/or delete your account and/or prohibit your access to the Website without notice if we believe you have abused any privilege granted to you as a user of the Website or our services, supplied misleading information or made any misrepresentations to us in connection with the Website or our services, tampered with the Website in any way, breached these Website Ts & Cs, or engaged in any unlawful or other improper conduct calculated to jeopardise the proper administration of the Website and/or our services.
    4. You agree that you shall not portray the MedReleaf Telehealth Clinics (or any of our officers, employees, representatives, affiliates, agents and related parties) in a false, derogatory or offensive manner including to online forumsmand social media platforms such as facebook and reddit.
    5. You agree that you shall comply with all codes of conduct, policies and rules implemented by us.
  1. Ownership of Copyright and Information
    1. Subject to the rights you have in the information and/or content you submit via the Website, as between you and us, we own or control all right, title and interest (including copyright and other intellectual property rights) in and to information and material appearing on this Website or relating to our services, including (without limitation) our text, computer code, artwork, photographs, proprietary information, logos, images, music, audio material, video material and audio-visual material on this Website (together, the “Website Material”).
    2. You may access and/or reproduce Website Material only for the purpose of viewing such Website Material on a personal electronic device (such as your phone or computer).  You may not otherwise use or exploit (including, without limitation, by way of selling, distributing, adapting, editing, changing, transforming, embedding, republishing, showing or playing in public (for a commercial purpose), publishing or communicating) the Website or the Website Material without our prior written agreement and we reserve all such rights in the Website Material.
    3. Without limiting the foregoing, you acknowledge that certain Website Material (such as copyright and third-party trademarks and logos) may be owned by third parties and you agree not to infringe the rights of those third parties (or our rights in the Website Material).
    4. If you become aware of any material on the Website that you believe infringes the law or infringes your or any other person’s rights (including copyright, other intellectual property rights), or you have a complaint to make regarding the content of the Website, you must immediately contact us and report it to us (including specifying the URL on which the material appears and a description of the relevant offending material).
  2. Indemnification
    1. You agree to indemnify us (including our officers, employees, representatives, affiliates, agents and related parties, together “the indemnified”) and hold the indemnified harmless from and against any and all liability, loss, claims, demands and/or expenses (including indirect and consequential losses), from any allegation arising out of (or relating to) your use of the Website, Website Material or our services or which the indemnified may incur as a result of any breach by you of these Website Ts & Cs (including a breach of your warranties) or any negligent act or omission by you.
  3. No Warranties
    1. You understand and agree that your use of the Website, our services and any information contained on the Website is entirely at your own risk, and you should seek expert advice in connection with any and all such matters.
    2. We do not promise or warrant in any way that:
      1. the Website will be constantly available, or available at all;
      2. the information on the Website (or on any related website or social media pages) or in the Website Material is complete, true or accurate; or
      3. you can rely on or use any information on the Website or in the Website Material.
    3. We make no representations as to the accuracy or completeness of any information on the Website or any third-party websites found by following any link or direction on the Website.
    4. Nothing on the Website constitutes, or is meant to constitute, advice of any kind.  If you require any advice or assistance in relation to any matter (including legal, financial, medical, or personal matters), then you should consult an appropriate professional.
    5. We do not have any obligation to moderate, monitor, edit or approve any content on the Website, nor do we have any obligation to remove content you disapprove of.
    6. Any cost associated with accessing and using the Website generally remains your responsibility and is dependent on the service provider used.  You are responsible for ensuring that your computer system or mobile device (as applicable) is compatible with the Website and meets all relevant technical specifications necessary to obtain the benefit of the Website and our services.
  4. Termination of Agreement
    1. We may, at any time, prohibit you from using the Website (or any part of the Website or Website Material).  If we notify you of such prohibition, then you must immediately cease using the Website (or the relevant part of the Website or Website Material) and you must not attempt to continue to use the Website.
    2. For so long as you use the Website, the Website Ts & Cs will continue to apply.  Terms that are intended (expressly or implicitly) to continue in perpetuity shall be unaffected by any termination of the arrangement between you and us governed by these Website Ts & Cs.
  5. Limitation of Liability
    1. To the maximum extent permitted by law, all express or implied terms, conditions, warranties and representations in relation to any Website Material, the services provided by us (or our affiliates) and the Website are expressly excluded.  In particular, we make no promises that the Website will operate on your computer and we do not assume any responsibility for (and you agree we will not be liable for) any cost, damage or loss incurred by you as a result of using the Website (or the Website Material) including arising from, or in relation to, any error, action, omission, “bug”, “virus”, interruption, interference, deletion, defect, delay in operation or transmission, communication line failure, unauthorised access to, or alteration of the Website or Website Material, whether negligent or otherwise.
    2. In no event will we (including our officers, employees, representatives, affiliates, agents and related parties) be liable for any: (a) direct loss; or (b) indirect or consequential loss (even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable), including, but not limited to, loss of profits, production, data, opportunity or goodwill; or (c) business interruption; however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of your use of the Website or the Website Material.
    3. If any of the exclusions or limitations set out in this clause are declared illegal or void or if you claim that there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by these Website Ts & Cs, to the extent permitted by law, our entire liability and your exclusive remedy is limited, in our discretion, to: (a) with respect to the supply of goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; (b) with respect to the supply of services: (i) the re-supply of the services; or (ii) the payment of the cost of having the services re-supplied, each capped at the total subscription fees paid by you to us in the 12-month period immediately prior to any claim being made by you.
    4. If you become aware of any damage, loss or injury to any person or property with a connection to the MedReleaf Telehealth Clinics or the Website (or any incident that may result in any such damage, loss or injury), then you must immediately notify us.
  6. No Endorsement of Third Parties or Third Party Content
    1. The Website may include third-party content or advertising or links to third-party content, advertising and other websites (including professionals available to book via the Website).  Links to third-party content, advertising and/or other websites are inserted for convenience and do not constitute endorsement of material or information at those links, or any associated person, organisation, product or service.
    2. The inclusion of third-party content or advertising on the Website does not, in itself, constitute our endorsement of such third party content or advertisement (or the subject matter contained in such content or advertisement).  You acknowledge and agree that unless specifically expressed otherwise, we do not endorse any person (including any doctor or nurse), advertising, products, goods or resources appearing on the Website or available via links on the Website (and are not responsible for, or liable in any way in relation to, such advertising, products, goods or resources).
    3. You acknowledge that third-party websites and services which are linked to this Website may be governed by their own terms and conditions, and you agree that it is your responsibility to make yourself aware of, and to comply with, such third-party terms and conditions.
    4. Without limiting the foregoing, you acknowledge that websites on which you can make bookings (including HotDoc) are owned and operated by third parties and do not form part of the services we provide.  The making of bookings through such third-party websites will be governed by the terms you enter with such third parties and not us.
  7. Commissions
    1. You acknowledge and agree that we may receive fees and/or commissions from third parties providers if you purchase goods or services from any provider we recommend to you.
  8. Jurisdiction
    1. You understand and agree to submit to the exclusive jurisdiction of the courts of Queensland (QLD), Australia to resolve any legal matter arising in connection with the Website Ts & Cs (including any use of the Website).
  9. Unenforceable provisions
    1. If the courts of QLD rule that any provision of the Website Ts & Cs is invalid or unenforceable, then that provision will be removed or read down and amended, and the remaining provisions will continue to be valid and enforceable.
  10.  Changes to the Terms
    1. We reserve the right to modify the Website Ts & Cs from time to time at our sole discretion and without any notice.  We will endeavor to notify you of any changes to the Website Ts & Cs, but you agree to regularly check the Website Ts & Cs for updates.  Changes to the Website Ts & Cs become effective on the date they are posted and your continued use of the Website after any changes to the Website Ts & Cs will signify your agreement to be bound by the amended Website Ts & Cs.
  1. Relationship
    1. Nothing in these Website Ts & Cs is intended to create, nor does create, a partnership, agency, employment or fiduciary relationship between us and you (or any user of the Website).
    2. The MedReleaf Telehealth Clinics is entitled to, assign, license or sub-contract its rights and obligations under this Agreement to any party, including any related entity of the MedReleaf Telehealth Clinics.  You may not assign, license, sub-contract or otherwise dispose of your rights or obligations under this Agreement.
  2. Additional Terms
    1. These Website Ts & Cs do not cover all aspects of every interaction of our relationship with you (or between you and any professionals with whom you make appointments).  For example, if you subscribe to a particular service offered by us, then you may be required to enter a further agreement in relation to that particular service.  Even if you enter such a further arrangement with us, these Website Ts & Cs shall continue to be binding.