Terms and condition

CannaAid Medical: Website Terms and Conditions of Use This is the Terms and Conditions of Use of CannaAid Medical (“CannaAid”, “GreenCanna Health”, “we”, “our”, “us”)
Last updated: Jan 2023
GreenCanna Health Pty Ltd (ACN 664 477 454) owns and operates CannaAid Medical and the website located at http://hpi.71b.myftpupload.com (Website). Access to and use of this Website and the services available through this Website (collectively Services) is subject to the following terms, conditions and notices (Terms of Use).
1. Acceptance of the Terms
GreenCanna Health Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use. Any changes to the Terms take immediate effect from the date of their publication, without notice to you. Before you continue, we recommend you keep a copy of the Terms for your records. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended. Reasonable endeavours will be taken to provide you with notice of updates to the Terms.
2. Website Access
  • Subject to the terms and conditions, GreenCanna Health Pty Ltd grants you permission to use the Website.
  • You hereby grant, and you represent and warrant that you have the right to grant, to GreenCanna Health Pty Ltd an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide license to distribute, reproduce, 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 and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
3. Hyperlinks
This Website may contain links to other websites via hyperlink, which are not operated by GreenCanna Health Pty Ltd. GreenCanna Health Pty Ltd makes no representations nor warranties regarding any content published by third parties referring, by hyperlink, to GreenCanna Health Pty Ltd’ website. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such site and GreenCanna Health Pty Ltd is not liable for any damage or injury resulting from reliance on such content.
4. Privacy Policy
  • Our Privacy Policy, which sets out how we will use your information, can be found at http://hpi.71b.myftpupload.com/privacy.
  • Ensure you have read and understood our Privacy Policy. By using this Website, you consent to the processing of personal information as list in the Privacy Policy and warrant that all data provided by you is true and accurate.
5. Prohibitions
  • You will not commit or encourage a criminal offense, or transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive. You will not infringe upon the rights of any other person’s proprietary rights.
  • Breaching this provision would constitute a criminal offense and GreenCanna Health Pty Ltd will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
  • If you make any public comments on this Website which are, in our opinion, inappropriate, abusive, unlawful, defamatory, harassing, fraudulent or obscene or which conflict with the Services offered, then we may, at our discretion, refuse to publish such comments and/or remove them from the Website.
  • GreenCanna Health Pty Ltd reserves the right to refuse or terminate service to anyone at any time without notice or reason.
6. Payment
  • You may make payment for the Services (the consultation) by way of utilising Square
    Payments or Stripe Payment and using:
  1. Visa
  2. Mastercard
  3. JCB
  4. American Express
  5. Bank issued EFTPOS chip cards.
  • You acknowledge and agree that where a request for the payment of the Services
    Fee is returned or denied, for whatever reason, by your financial institution or is
    unpaid by you for any other reason, then you are liable for any costs, including
    banking fees and charges, associated with the Services Fee
  • You agree and acknowledge that GreenCanna Health Pty Ltd can vary the Services
    Fee at any time.
  • After you have paid for the Service an invoice is generated and emailed to you
    confirming payment.
7 . Refund Policy

GreenCanna Health Pty Ltd will provide no refund for the consultation fee.

8. Copyright, Intellectual Property, Software and Content

A) The Website, the Services and all of the related products of GreenCanna
Health Pty Ltd are subject to copyright. The material on the Website is protected
by copyright under the laws of Australia and through international treaties.
Unless otherwise specified, all rights (including copyright) in the Services and
compilation of the Website or the Services are owned or controlled for these
purposes, and are reserved by GreenCanna Health Pty Ltd or its contributors

  • All intellectual property rights in any material or content displayed on this
    website belong to GreenCanna Health Pty Ltd, its affiliates, or licensors, and
    are used with our permission. This applies to all trademarks displayed on this
    website, whether or not appearing with the trademark symbol (™). Nothing
    on this website should be construed as granting any right or licence to use
    any trademark displayed on this website without the prior written permission
    of GreenCanna Health Pty Ltd, its affiliates or licensors.
B). All trademarks, service marks and trade names are owned, registered and/or licensed by GreenCanna Health Pty Ltd, who grants to you a worldwide, nonexclusive, royalty-free, revocable license whilst you are a Patient to:
  • use the Website pursuant to the Terms;
    • Copy and store the Website and the material contained in the Website in your device’s cache memory; and
    • Print pages from the Website for your own personal and noncommercial use.
    • GreenCanna Health Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by GreenCanna Health Pty Ltd.
C) GreenCanna Health Pty Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any of the following to you:
  • A right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
  • Business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
  • An object, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
D). You may not, without the prior written permission of GreenCanna Health Pty Ltd and of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services for any purpose, unless otherwise provided by these Terms.
9. General Disclaimer and Limitation of Liability
  • Subject to any non-excludable consumer guarantees and other consumer protection
    provisions set out in the Australian Consumer Law, the material displayed on this
    Website is provided without any guarantees, conditions or warranties as to its
    accuracy.
  • To the fullest extent permitted by law GreenCanna Health Pty Ltd hereby explicitly
    excludes all warranties and other terms which might otherwise be implied by
    statute, common law or the law of equity and must not be liable for any damages in
    any event for any consequential, indirect, incidental, special, punitive or exemplary
    damages, or any loss of profits or loss or corruption of data, damage to a computer
    system, loss of anticipated savings, loss of goodwill or economic loss, even if
    GreenCanna Health Pty Ltd has been advised of the possibility of such loss or
    damage.
  • This does not affect GreenCanna Health Pty Ltd’s liability for death or personal injury
    arising from its negligence, fraudulent misrepresentation, misrepresentation as to a
    fundamental matter or any other liability which cannot be excluded or limited under
    applicable law.
  • GreenCanna Health Pty Ltd is not obliged to screen dispensaries, retail locations,
    health care providers or their menus, content, or deals to determine whether they
    are qualified or authorised by law to provide their services or to determine the
    accuracy of all information they provide.
  • You expressly understand and agree that GreenCanna Health Pty Ltd, its affiliates,
    employees, agents, contributors and licensors shall not be liable to you for any
    direct, indirect, incidental, special consequential or exemplary damages which may
    be incurred by you, however caused and under any theory of liability. This shall
    include, but is not limited to, any loss of profit (whether incurred directly or
    indirectly), any loss of goodwill or business reputation and any other intangible loss.
10. Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and
does not damage our reputation or take advantage of it, but you must not establish
a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is
not owned by you. This Website must not be framed on any other site, nor may you
create a link to any part of this Website other than the home page. We reserve the
right to withdraw linking permission without notice.

11. Indemnity
You agree to indemnify GreenCanna Health Pty Ltd, its directors, officers, employees, contributors, agents, and affiliates, third party content providers and licensors from any and all third party claims, actions, suits, liability, damage or costs (including, but not limited to, legal fees) arising from your use of, accessing or transacting on this Website or attempts to do so; and or any breach of the Terms of Use.
12. Amendment
GreenCanna Health Pty Ltd has the right in its absolute discretion at any time, without notice to you, to amend, remove or vary the Services or any page of this Website.
13. Invalidity/Severance
  • Both parties confirm and declare that the provisions of the Terms are fair and both parties having taken the opportunity to obtain independent legal advice and declare the Terms of Use are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
  • If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly.
  • This Term of Use constitutes the entire agreement between you and GreenCanna Health Pty Ltd regarding the use of the Website and the Services. Our failure to exercise or enforce any right or provision of this Term of Use shall not operate as a waiver of such right or provision. Nothing contained in the Terms of Use shall be construed to establish an employment, partnership, or joint venture relationship between you and GreenCanna Health Pty Ltd. The terms of this Term of Use shall be binding upon assignees.
14. Complaints
We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. You can contact us by email: [email protected].
15. Termination of Contract
  • If you want to terminate the Terms of Use, you may do so by providing CannaAid Medical with 14 days’ notice of your intention to terminate; and closing your accounts for all of the Services which you receive. The termination notice from you should be sent, in writing, to CannaAid Medical by email: [email protected].
  • GreenCanna Health Pty Ltd may at any time, terminate the Terms with you if you have breached any provision of the Terms or intend to breach any provision, or that GreenCanna Health Pty Ltd is required to do so by law, or that the provision of the Services to you by CannaAid Medical is, in our opinion, no longer commercially viable.
  • Subject to local applicable laws, GreenCanna Health Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in our sole discretion, your engagement to all or any part of the Website or the Services without notice if you breach any provision of the Terms of Use or any applicable law or if your conduct impacts CannaAid Medical’s name or reputation or violates the rights of those of another party.
16. Medical Services and Continuity of Care
GreenCanna Health Pty Ltd will arrange a doctor for you and strive for one doctor to maintain the treatment plan for each patient throughout the year. We will arrange for you under another doctor’s treatment if your current doctor left for any reason (with no extra cost to you).
17. Medical Reports
We charge a fee for drafting medical reports. We will charge the fee based on the amount of time involved in drafting the document. A deposit would need to be paid prior to commencement of work, and the balance payment will be due after the completion of the task. All fees set out are in Australian dollars. In the event of late payment, we may withhold the medical document drafted, and a late payment fee will apply.
18. Dispute Resolution
  • If a dispute is associated with the Terms of Use, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
  • A party to the Terms of Use claiming a dispute has arisen under the Terms of Use, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
  • On receipt of that notice by that other party, the parties to the Terms of Use must:
    (a.) Within 20 days of the Notice endeavour in good faith to resolve the Dispute by means upon which they may mutually agree;
  • If for any reason whatsoever, 9 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee; The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation (within Australia) and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  • All communications regarding negotiations made by the Parties as a result of this dispute resolution clause must be kept confidential and to the extent possible, treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
  • If 14 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
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