TERMS AND CONDITIONS OF USE
About
1.1 Welcome to https://ghdoctors.com.au (the Website), owned and operated by Greenhaven Doctors (ACN 605 374 981) (Greenhaven Doctors) , we, us, our). The Website provides various products and services to you (the “User”, “you” or “your”) by way of facilitating connections between:
(a) Users and Australian licenced health practitioner (Doctor) to provide healthcare services relating to medicinal cannabis treatment or another health services (the Health Services), including the facilitation of:
(i) a consultation between a User and a Doctor (Consultation); and
(ii) if deemed appropriate, the delivery of prescriptions (Prescriptions) for medicinal cannabis and other related prescriptions (the E-Scripts) from a Doctor to a User; and
(b) Users and pharmacists (Pharmacists) to dispense the E-Scripts and sell products which can be used to deliver the Prescription, including but not limited to medicinal cannabis products (the Products),
(collectively referred to as the Services).
1.2 Access to and use of the Website and the Services is provided by Greenhaven Doctors and is subject and conditional upon these terms and conditions (the Terms). Greenhaven Doctors reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Greenhave Doctors updates the Terms, it will use reasonable endeavours to provide you with notice of the updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2.1 By using, browsing, registering as a User or making payment through the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website and the Services immediately. You may also accept the Terms by clicking ‘I Accept’ or ‘I Agree’ to the Terms where this option is made available to you by Greenhaven Doctors in the user interface of the Website.
2.2 You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Greenhaven Doctors; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
3.1 By using the Services, you acknowledge and understand that Greenhaven Doctors does not provide you with any medical, pharmaceutical, professional or specialist advice and is only a facilitator in delivering the Services. Further:
(a) unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are inclusive of GST unless otherwise indicated on the Website;
(b) Greenhaven Doctors may receive a service fee from third parties in relation to the provision of the Services, including a payment from a Doctor or Pharmacist; and
(c) you shall remain solely responsible for assessing the implications and risks of using the Services.
4.1 To access the Services, you are required to register as a User and complete an application form (the Account). As part of the registration process and your continued use of the Services, you will be required to provide personal information about yourself, including but not limited to, the following:
(the Registration Details)
4.2 To access the Consultations, you may also be required to complete a medical questionnaire (the Questionnaire) which respect to your past, present and future medical conditions, symptoms, injuries, prescriptions and medications, whether over the counter or prescribed (the Medical Information). You warrant that:
(a) The Registration Details and Medical Information (collectively referred to as Personal Information) may be provided to a Doctor and/or a Pharmacist for the facilitation of the Consultation and dispensing of an E-Script;
(b) The Personal Information, and any further information you provide to Greenhaven Doctors, a Doctor or a Pharmacist in the course of registering an Account, completing the Questionnaire, during a Consultation, at the time of dispensing an E-Script or purchasing a Product, will always be accurate, correct and up to date and you will not omit any Personal Information which a reasonable person would consider to be relevant in the provision of healthcare or pharmaceutical services;
4.3 All Personal Information will be held in accordance with the privacy policy available on the Website at www.ghdoctors.com.au/privacy-policy/ (the Privacy Policy).
5.1 As a User, you acknowledge and agree that:
5.2 You acknowledge and agree that Greenhaven Doctors reserves the right, at any time and without prior notice, to remove or disable a User’s access to its Account at its sole discretion without notice and for any reason, including, but not limited to, situations where Greenhaven Doctors, in its reasonable opinion, determines that the User has violated these terms, or may violate these Terms.
6.1 Once you have registered an Account, you will be able to submit a Consultation request by selecting/clicking ‘start my consult’ on the Website interface. Once selected, you will be prompted to provide relevant details, select a time and date, make payment of the relevant fee, complete the Questionnaire, and submit your request.
6.2 Upon submitting your Consultation request, you will receive a confirmation email by Greenhaven Doctors confirming the details of your booking Consultation request with the Doctor.
6.3 Delivery of the Consultation:
7.1 Upon completion of a Consultation, the appointed Doctor may in their sole determination and discretion elect to provide you an E-Script for any prescribing medication and/or a recovery plan, if they consider it is clinically appropriate.
7.2 An E-Script may be submitted to the User or the User’s Account by the Doctor or via SMS, email or any other form of communication from the Doctor. Where the E-Script is uploaded to the User’s Account, the E-Script may be used to access the Products made available by the Pharmacist through our Services. Greenhaven Doctors and the Pharmacists make no representation, warranty or guarantee that a Prescription can be dispensed, or a Product is available. Where a Prescription or Product is not available due to limitation of stock, or the Prescription or Product being unavailable for any other reason, Greenhaven Doctors or the Pharmacist dispensing the Prescription or selling the Product will contact you to either provide you with a refund or recommend an alternative Prescription or Product as a substitute to the Prescription or Product which you have purchased.
7.3 You acknowledge and agree that Greenhaven Doctors is not a pharmacy and does not dispense any medication or fulfil the E-Scripts. Greenhaven Doctors only facilitates your introduction to a Doctor or Pharmacist or your selection of the Products which are made available on the Website. Greenhaven Doctors does not represent, warrant or guarantee that you will be able to fulfil an E-Script using the Website or the Services. Where you are able to fulfil an E-Script using the Services, or purchase a Product using the Services, this is subject to and conditional upon you making payment for the dispensing of the E-Script and/or the purchase of the Products.
8.1 As a User, you may be required to make payments following Greenhaven Doctors’ payment policy, which includes but is not limited to payments for:
(a) a Consultation;
(b) the issuing of an E-Script;
(c ) medication ordered
(collectively referred to as a Payment).
8.2 Where you make a Payment on the Website, you acknowledge that the Payment is not being made to Greenhaven Doctors, but rather, the Payment is held for and on behalf of a Third Party, such as a Doctor or Pharmacist, less any Service Fee which is charged by Greenhaven Doctors to a Third Party, or any merchant fees charged by a Payment Gateway Provider (defined below). By providing card/bank details on the Website, this does not in any way signify that you have paid us for a Consultation, for the issuing of an E-Script or for the purchase of a Product. Greenhaven Doctors is a facilitator only and does not provide the Consultation, issue the E-Script, fulfil the E-Script or sell the Product.
8.3 A Payment made on the Website may not be made through third party payment gateway providers, including but not limited to Tyro or other similar merchant facility payment gateways (the Payment Gateway Provider). In using the Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by Greenhaven Doctors’ payment policy. The only payment option is via EFT.
8.4 Following you making a Payment with a cleared fund verification, your booking will be confirmed by Greenhaven Doctors and you will be issued with a booking confirmation through our Services. Greenhaven Doctors may retain records of your booking details for future use.
8.5 Prior to any services provided to minor or dependent patients (if applicable), Greenhaven Doctors will require the authorised parent / guardian to provide relevant proof of ID and proof of guardianship.
9.1 Where a Payment is returned, denied or charged back for whatever reason by your financial institution, or a Payment remains unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the failure to transact the Payment.
10.1 All Payments are non-refundable, except where:
(a) A Doctor is unavailable for a scheduled Consultation (whether due to a Doctor’s unavailability or otherwise, such as technology failure), and has been unable to re-schedule a Consultation within a reasonable period of time; or
10.2 Any refunds granted in accordance with this clause will be at Greenhaven Doctors, the Doctor or the Pharmacists’ sole discretion and will be less any Service Fee or merchant banking fee charged by a Payment Gateway Provider.
11.1 The Website and the Services are subject to copyright under the laws of Australia and by International Treaties. Unless otherwise indicated, all rights in the content and compilation of the Website and Services (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, lists, design elements, interactive features) (the Content) are owned or controlled for these purposes and are reserved by Greenhaven Doctors or its contributors.
11.2 Greenhaven Doctors retains all rights, title and interest in and to the Services and Website and all related Content. Nothing you do on or in relation to the Services and Website will transfer any:
or any other intellectual property whatsoever to you.
11.3 Greenhaven Doctors, and each User retains all Intellectual Property Rights, except as stated herein, in any information, data, document, or photographs uploaded to the Website (the Uploaded Content). The User grants to Greenhaven Doctors a perpetual, irrevocable, non-exclusive, transferable, royalty-free licence to a User’s Uploaded Content. Greenhaven Doctors will own any results, methodologies, data or meta data, including any analyses, index results, or reports, which is either contained within, gleaned through, derived from, captured by, or generated by your use of the Services or the Uploaded Content (Derivative Materials).
11.4 The User acknowledges and agrees that Greenhaven Doctors exclusively and unconditionally owns all Moral Rights in all the Derivative Materials.
11.5 The User may not, without the prior written permission of Greenhaven Doctors and the permission 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 Content or third party content for any purpose.
Greenhaven Doctors takes your privacy seriously and any information provided through your use of the Website or the Services are subject to our Privacy Policy. You agree to be bound by the Privacy Policy.
13.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
13.2 Subject to this clause, and to the extent permitted by law:
13.3 You acknowledge and agree that Greenhaven Doctors:
13.4 You acknowledge and agree that Greenhaven Doctors only makes available the Website and the Services. We are not party to any agreement entered into between a User and the Doctor or Pharmacist and we have no control over the conduct of the Doctors, the Pharmacist or any other Users.
13.5 Doctors have the same obligations to you as if they were consulting you in person. Doctors will make notes of their Consultation with you, and it is their responsibility to hold and maintain your records as required by law. Greenhaven Doctors may from time to time hold copies of notes made by your Doctor.
13.6 Greenhaven Doctors makes no warranties, whether expressed or implied, as to the Consultation with the User and Doctor conducted through our Services. You and the Doctor are solely responsible for all information and/or communication sent during a Consultation or other communication. Your doctor will keep a record of their consultation with you.
13.7 Use of the Website, the Services, the Prescriptions, the Products and the Consultation is at your own risk. The Website, the Services, the Prescriptions, the Products and the Consultation are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, contractors, employees, agents, contributors, third party content providers or licensors of Greenhaven Doctors (including any third party where the Consultation is made available to you) make any express or implied representation or warranty about its Content, Consultation or any services (including the Services of Greenhaven Doctors) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
14.1 Greenhaven Doctors’ total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Payment made by you under these Terms or where you have not made a Payment, then the total liability of Greenhaven Doctors is the resupply of Services to you.
14.2 You acknowledge and agree that Greenhaven Doctors, its affiliates, employees, contractors, agents, contributors, third party content providers and licensors (the Personnel), and the Doctors and Pharmacists, and their Personnel, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, or consequential loss, loss of profits, goodwill, or business reputation and any other intangible loss which may be incurred by you, however caused, including but not limited to, your reliance on any information provided to you through the Consultation and under any theory of liability, unless such limitation cannot be excluded by any applicable law, in which case, the liability is limited to the maximum extent permitted by law.
14.3 You are solely responsible for ensuring that the Doctors and Pharmacists are licensed under all applicable laws and regulations to provide the Consultations, the Prescriptions or the Products that you are seeking and receiving through the Website. You acknowledge that Greenhaven Doctors strongly recommends you review the profile of the Doctors and Pharmacists on the Website (if available), or perform your own due diligence regarding them, including but not limited to contacting any applicable authority to ascertain their professional licence details.
15.1 Force Majeure means a circumstance beyond the reasonable control of a party and which results in that party being unable to observe or perform an obligation on time under these Terms (other than an obligation to make a payment). Such circumstances include but are not limited to:
(a) acts of God, lightning strikes, earthquakes, floods, droughts, storms, tempests, mud slides, washaways, explosions, fires and any natural disaster;
(b) acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution;
(c) disease and a pandemic; and
(d) failure of internet and telecommunication services.
15.2 Greenhaven Doctors will be excused from and not liable for any delay or failure in performance hereunder, other than the payment of money, caused by reason of a Force Majeure event.
16.1 You agree to indemnify and keep indemnified Greenhaven Doctors, its affiliates, employees, contractors, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Website and/or Services, including but not limited to:
(a) any misuse of the Website, Services, Consultation, Prescription or Product by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you;
(b) your breach of the Terms, including any misuse of the Content; or
(c) any activity which you engage in on the Website or Services or through Greenhaven Doctors.
16.2 This indemnity will survive termination of the Terms.
17.1 The Terms will continue to apply until terminated by either you or Greenhaven Doctors l as set out below.
17.2 If you want to terminate the Terms, you may do so by:
17.3 Your elected termination will be effective upon receipt of the notice of your intention to terminate by Greenhaven Doctors.
17.4 Greenhaven Doctors may at any time, terminate the Terms with you if:
(i) in breach of any law;
(ii) in a way that is misleading or deceptive;
(iii) in a way which is unreasonable as determined by Greenhaven Doctors at its absolute discretion; or
(iv) in a manner which can or does bring Greenhaven Doctors into disrepute or could damage Greenhaven Doctors’ reputation as determined by Greenhaven Doctors in its absolute discretion.
17.5 Subject to local applicable laws, Greenhaven Doctors reserves the right to discontinue or cancel your access to the Services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct damages Greenhaven Doctors’ name or reputation or violates the rights of those of another party.
17.6 When the Terms terminate, or your Account is terminated, all of the legal rights, obligations and liabilities that you and Greenhaven Doctors have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
17.7 Patient Pharmacy Preference Policy
(a) This policy outlines the options available to patients who wish to use a pharmacy other than our affiliated dispensing pharmacy. Our aim is to maintain a high standard of patient care through an integrated system while accommodating patient preferences.
17.8 Policy Options:
(a) Exclusive Service through our partner pharmacy:
(i) Patients will be informed that our clinic’s system is designed to work closely with our chosen partner pharmacy for optimal patient care.
(ii) If a patient prefers not to use our partner pharmacy, we will not be able to provide our full range of services for their medication needs, as our integrated system relies on this collaboration.
(b) Script Transfer Fee:
(i) If a patient decides to change their dispensing pharmacy preference after the consultation has occurred, a fee of $199 will be charged for the script transfer and administrative processing.
(ii) Upon receipt of the fee, we will transfer the prescriptions and relevant Approved Practitioner (AP) documents to a pharmacy of their choice.
17.9 Review and Feedback:
(a) The policy will be reviewed annually to ensure it meets patient needs and aligns with best practices.
(b) Feedback from patients and staff will be collected and considered for potential policy adjustments.
17.10 By adopting this policy, we aim to balance high-quality patient care with respect for patient preferences regarding pharmacy services.
18.1 If a dispute arises out of or relates to the Terms, 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):
19.1 In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia, with Melbourne as the venue.
20.1 The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
21.1 Greenhaven Doctors may provide any notice to you under the Terms by sending a message to your email address. The notice provided by Greenhaven Doctors to you by email shall be deemed to have been properly given on the date Greenhaven Doctors sends the email, regardless of whether you have received the email.
21.2 Unless specified otherwise, any notices provided by you to Greenhaven Doctors must be in writing and sent to booking@ghdoctors.com.au.
Some of the provisions of these Terms are intended to benefit third parties, including our Personnel, the Doctors, the Pharmacists, and their Personnel. A User agrees that those terms operate as a deed poll in favour of those third parties, and each of those third parties have the benefit of, and is entitled to enforce, those terms even though they are not a party to these Terms. These Terms contain third party benefits that are enforceable by each of those third parties and also constitutes an intention to create a trust of a contractual promise to benefit each of the third parties and can be relied upon and carried into effect by them.
The parties confirm and declare that the provisions of the Terms are fair and reasonable, and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
These Terms and any terms referenced or linked herein constitute the entire agreement between the parties concerning the subject matter of the agreement and supersede all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties.
If any part of the Terms is found to be void or unenforceable, that part shall be severed and the rest of the Terms shall remain in force.
26.1 A waiver of any right, power or remedy under this Agreement must be in writing and signed by the party granting it.
26.2 A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
26.3 The fact that a party fails to do, or delays in doing, something the party is entitled to do under this Agreement does not amount to a waiver.
27.1 Greenhaven Doctors may assign or transfer its rights or obligations under the Terms without your consent.
27.2 You may not assign or transfer your rights or obligations under the Terms without prior written consent of Greenhaven Doctors. A purported assignment without written consent will be deemed to be void and convey no rights.
If you wish to notify us about anything relating to these Terms, please contact us at booking@ghdoctors.com.au