Table of Contents
Terms and Conditions
This website is owned and provided by Cann Clinic (ABN: 651 582 302) (hereinafter referred to as ‘Cann Clinic’).
ACCESS TO THIS WEBSITE
INFORMATION ON THIS WEBSITE
This website is intended to provide information to Australian and New Zealand users and complies with the laws and regulations of New South Wales and the Commonwealth of Australia. Cann Clinic reserves the right to limit or refuse the supply of products to any person, geographic region or jurisdiction. If a product is prohibited in any jurisdiction, the product offered shall not be offered in that jurisdiction.
Nothing in this website should be interpreted as promoting any product that is not authorised under the laws and regulations of New South Wales and the Commonwealth of Australia or the country where you are located. If advice or recommendations are given, these should be understood as non-binding.
RESTRICTIONS ON USE
You agree that you will:
use this website in accordance with these terms and conditions and will not use this website for any unlawful purpose;
only use this website for your personal and non-commercial use; and
not violate or attempt to violate the security of the website, nor violate any right of Cann Clinic.
Your use of this website does not constitute a binding agreement to purchase Cann Clinics’ products and services. In addition to these terms and conditions, specific conditions may apply to some of the products which Cann Clinic supplies. These will be brought to your attention at the time Cann Clinic supplies the particular products to you.
All intellectual property rights in any material or content displayed on this website, including, without limitation, trademarks, logos and trade names, belong to Cann Clinic, its affiliates, or licensors, and are used with Cann Clinics’ 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 Cann Clinic, its affiliates or licensors.
All text, advertising material, images, graphics, audio and other content on this website are copyright and are presented solely for your personal and non-commercial use. Other than viewing and downloading content from the website for such purposes, you do not have the right to duplicate, distribute, alter or use alternatively, these intellectual property rights without Cann Clinic’s written permission.
Any third party reference to any website of Cann Clinic via hyperlink is only permitted with the prior approval of Cann Clinic. Cann Clinic makes no representations or warranties regarding any content published by third parties referring, by hyperlink, to Cann Clinic’s websites.
For the convenience of visitors to this website, Cann Clinic may provide hyperlinks to other websites. By providing such hyperlinks, Cann Clinic in no way represents that it has approved the content of those websites, and is neither responsible for the content of such websites nor liable for any damage or injury resulting from reliance on such content.
FORWARD LOOKING STATEMENTS
This website may include forward-looking statements. These statements are based on the reasonable beliefs of Cann Clinic’s management as well as assumptions made by and information currently available to Cann Clinic. Many factors that Cann Clinic is unable to predict with accuracy could cause Cann Clinic’s actual results, performance or achievements to be materially different from those that may be expressed or implied by such forward-looking statements. These factors include: the ability of Cann Clinic to launch new products, regulatory requirements, the sales and marketing methods used by Cann Clinic to distribute its products, and the composition of Cann Clinic’s product portfolio.
WARRANTIES AND REPRESENTATIONS
Cann Clinic’s website and the information, names, images, pictures, logos and icons relating to it and its products, are provided “as is” and on an “is available” basis.
Cann Clinic makes no warranties or representations as to:
- the continued availability of this website;
- the accuracy, reliability or completeness of its contents;
- the currency of the content of the website;
- the results that can be gained from the use of Cann Clinic’s products; and
- the safety of the website or the server from computer viruses or malicious bugs.
Except for any implied condition, warranty, representation, or consumer guarantee, the exclusion of which would contravene any statute or cause this provision to be void (non-excludable condition), and to the extent permitted by law, Cann Clinic makes no express or implied warranties to you and expressly excludes all warranties, representations, conditions, terms and guarantees implied by statute, general law, international convention or custom, including, without limitation, any and all implied warranties with respect to acceptable quality, fitness for disclosed purpose, title and non-infringement.
Nothing contained in this website shall be construed as conferring by implication, estoppel or otherwise any licence or right under any trademark or copyright of Cann Clinic or any other third party.
You may transmit or submit on this website, your own personal comments, videos, photos and testimonials of product usage as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, injurious to third parties or otherwise objectionable and does not consist of or contain computer viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You must not submit a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content.
Cann Clinic may monitor or review all communications and materials created and transmitted or submitted by users accessing this website. In addition, Cann Clinic has sole discretion on whether to upload the submitted content onto its website for public viewing.
Whilst it is not in any way responsible for the content of these communications and materials, Cann Clinic reserves the right to block or remove communications or materials that it determines are:
- abusive, defamatory, or obscene;
- false, misleading or deceptive;
- in violation of a copyright, trademark or other intellectual property right of another;
- in violation of any law or regulation; or
- offensive or otherwise unacceptable to Cann Clinic at its sole discretion.
Cann Clinic will not be liable for the content of any communications posted by you, whether or not arising under the laws of copyright, trademarks, defamation, privacy, consumer protection, or otherwise.
RIGHTS TO USER SUBMISSIONS
You grant Cann Clinic the right to use the name that you submit in connection with such content. You represent and warrant:
- that the content is true and accurate;
- that you own or otherwise control the rights to your Submission;
- that use of the content you supply does not violate this policy;
- that it does not infringe any third party’s intellectual property and will not cause injury to any person or entity; and
- that your Submission does not constitute or contain software viruses, commercial solicitation, political campaigning, chain letters, mass mailings, or any form of “spam.”
You agree to fully indemnify Cann Clinic for all claims arising from or in connection with your breach of any of the above warranties relating to your Submissions. Cann Clinic takes no responsibility and assumes no liability for any content posted by you or any third party.
You also acknowledge that your Submission may not be returned and will be kept on file.
If you do not wish to grant such rights to Cann Clinic, it is suggested that you do not post, transmit, upload or submit any Submissions to this website.
LIMITATION OF LIABILITY
Except as provided by law pursuant to a non-excludable condition, Cann Clinic will not be liable for any loss or damage suffered in connection with your use, or loss of use, of this website. To the extent permitted by law, if your use of this website relates to the purchase of any Cann Clinic product:
Cann Clinic’s liability for breach of any non-excludable condition will be limited at its option to supply the product again or payment of the cost of supplying the product again;
otherwise, its liability to you for any loss or damage at law shall not exceed the total amount Cann Clinic actually received from you for the product which gave rise to the loss or damage; and
Cann Clinic will not be liable 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 Cann Clinic has been advised of the possibility of such loss or damage.
You agree that Cann Clinic’s liability to you at law will be reduced by the extent to which you contributed to any loss incurred by you.
SALE OF PRODUCTS
ELIGIBILITY TO PURCHASE
To be eligible to purchase goods on this website and to lawfully enter into and form contracts on this website under Australian law you must be the owner of a valid debit or credit card and must be in possession of a valid prescription for the goods on our website from one of our Australian registered medical practitioner.
Products displayed on Cann Clinic’s website may not be available or be as described. Cann Clinic will use its best endeavours to ensure that product details, descriptions, images and prices appearing on its website are correct at the time the relevant information was entered onto the system. However, to the extent permitted by law, Cann Clinic does not warrant that the product descriptions, colours or other content available on the website are accurate, complete, reliable, current, or error-free.
All prices indicated for products available via this website are in Australian dollars inclusive of GST (where applicable) and are exclusive of delivery charges. The total cost of your order is the price of the products ordered and delivery charges as set out in the FAQ section of this website.
The products available on this website, and any product samples which are provided to you, are for your personal use only. You must not sell or resell any of the products, or product samples, that you purchase or otherwise receive from us. Please note that product samples are subject to availability.
PLACING AN ORDER
The Cann Clinic website will contain instructions which will guide you through the process of placing an order. You will be offered the opportunity to review your proposed order and confirm or correct it prior to finally placing your order. Once you have placed your order, Cann Clinic will send to you an email acknowledgement providing you with the details and value of your order, which has been debited to your credit or debit card.
Unless Cann Clinic has notified you that it does not accept your order or if you have cancelled your order, the acceptance of your order and the completion of the contract between you and Cann Clinic will take place when Cann Clinic dispatches the goods ordered by you.
If you require any information regarding your order(s) please contact Customer Service or you can contact us at email@example.com
Cann Clinic will not accept your order if:
- you do not have a valid prescription for the item you have ordered;
- an item you have ordered is out of stock;
- it is unable to obtain authorisation for your payment;
- it identifies a product or pricing error.
If Cann Clinic is unable to fulfil your order following acknowledgement of its placement, Cann Clinic will contact you by email advising you of this. See Cancellation.
You may pay for any purchase using any of the methods specified in the FAQ section of this website. By purchasing products from our website, you confirm that the credit or debit card that is being used is owned by you. All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, Cann Clinic will not be liable for any delay or non-delivery.
Your Credit Card Verification number (CCV) is requested during the processing of your payment online. This number is only found on the physical card, not on any receipts or imprints from EFTPOS machines. Although this does not guarantee that the card used for the purchase has not been stolen, it does assure us that the person placing the order has the card physically with them at the time of the order, and is therefore an additional security measure.
Upon submitting your credit card details, the cost of the product selected will be authorised from your account.
Once the prescription has been issued by one of our doctors (generally within a few hours of completing your order) your payment will be processed and your medication will be dispatched the next business day.
CANCELLATION OF ORDER
Cann Clinic notes that on occasion, orders or parts of an order are cancelled by its system for various reasons including: that the item(s) is not available; that there was difficulty in processing payment information; that delivery to the address was not possible; that a duplicate order was placed; or that the order was cancelled on the customer’s request. If your order is cancelled, you will receive an email to explain the reason for the cancellation and the appropriate amount will be refunded via your original payment method.
Please note that because Cann Clinic generally dispatches orders within 2-4 days (excluding weekends and public holidays), it may not be possible to cancel the order prior to its dispatch. In this event, you will have to return your order once you have received it in accordance with the Returns Policy.
CREDIT CARD CHARGE BACK POLICY
At Cann Clinic Pty Ltd we do not tolerate credit card fraud. No expense will be spared and all fraud without exception will be prosecuted to the full extent of the law. In addition, we will pursue civil legal action seeking any loss of income related to the fraud, including business, legal fees, research costs, employee down time and loss of revenues.
Cann Clinic Pty Ltd also considers credit card charge backs to be fraud if you made no reasonable effort to notify us that a problem existed and allow us considerable time to resolve or clarify the or matter.
All frivolous charge backs not only costs our employees time away from our usual and customary matters of conducting normal business, but costs us money, therefore:
YOU AGREE that if you choose to do business with Cann Clinic Pty Ltd and file a dispute/claim or charge back with your credit card company for a situation that contradicts our terms & conditions which you agree to when placing your order OR have not allotted us sufficient time to acknowledge, confirm, and research the situation; and as of any result, you do not win the charge back argument or dispute/claim you agree to pay us $200.00 for our time responding to the matter. You authorize us to charge this amount to your credit card. If this charge is rejected, Cann Clinic Pty Ltd will peruse legal action to recoup losses for our time associated with responding to the charge back and or dispute/claim in addition to any other fees explained below.
In the event that you win the charge back with your credit card company, and have not returned our products in as new condition, Cann Clinic Pty Ltd will attempt to recover fraudulently disputed charges plus additional costs via a third-party collection agency and your account will be reported to all credit bureaus as a delinquent collection account. This may severely damage your credit rating for at least the next seven (7) years. At this point, we will no longer accept a return of the products as settlement of the debt and will only accept payment in full.
Note: The customer must return the products, and must not have use them, before attempting a chargeback.
CEASE AND DESIST
Patient understands and is hereby notified that once a chargeback, dispute/claim or legal action is taken; all communication where it be via email, telephone, internet, or Australian mail and courier services with Cann Clinic Pty Ltd will cease and desist.
RIGHT TO REFUSE A PATIENT
As a side note, management reserves the right to cancel an order and/or issue a refund, and pursue legal action against any customer who is deemed hostile. Hostile customers are those who initiate charge backs or dispute/claims without valid cause (particularly after the receipt of order), threaten/harass staff members in person, over the phone, internet, or email, and those who attempt to slander and/or commits acts of libel against Cann Clinic Pty Ltd. and all divisions there under.
We are not interested in legal battles, but we are prepared to take them on when necessary.
LEGAL: You agree via your conducting business with Cann Clinic Pty Ltd that any legal action resulting from any transaction will be guided by the laws of and take place in the Cann Clinic Pty Ltd home state of NSW. You agree to reimburse us or any representative we may appoint for any legal expenses your actions may make us incur. We take fraud seriously. If any provision of this Agreement is deemed illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. The waiver of a breach hereunder does not waive any other or subsequent breach.
PLEASE NOTE OUR POLICY ON CHARGEBACK
Customer understands that Company does not tolerate fraudulent charge backs or frivolous disputes/claims and will proceed to collect by any means necessary.
Customer is responsible for charge back fees consisting of attorney’s fees, fees for collection agencies or third party intervention if client fraudulently charges back or does not pay monies owed.
If Customer charges back fraudulently, client will owe charge back fees plus amount owed.
Company will report any outstanding balances to the major credit bureaus as a delinquent collection account.
Company will have the incident reported to anti-fraud databases, which will attempt to prevent any further purchases on the Internet.
Stolen Credit Card Purchases
We log IP strings on all orders – any orders coming back as a chargeback due to fraudulent activities will be diligently pursued through your local jurisdiction for prosecution to the fullest extent of the law.
TITLE TO GOODS
Cann Clinic retains the legal ownership of the goods until the latter of the dispatch of the goods to you or when full payment for the goods is received by us. The legal ownership of the goods will immediately revert to Cann Clinic if it refunds any such payment to you.
Cann Clinic will deliver the goods in 1-2 business days or in accordance with the delivery option selected by you during the order process. Any delivery times quoted to you are indicative only. Orders may be delivered in one or more parts. To the extent permitted by law, Cann Clinic does not accept any liability whatsoever for delayed delivery caused by any third party.
Due to the differing laws governing the sale and import/export of prescription medication, we do not ship to anywhere outside Australia.
RISK OF LOSS
Risk in the goods will pass to you upon delivery to you.
RECEIPT OF GOODS
Upon delivery of the goods, you must inspect the goods. You will be deemed to have accepted the goods unless you notify us that you have cancelled the order or if you return the goods in accordance with the Returns Policy in clause 14. If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please contact Customer Services ,(open 9am – 5pm, Monday to Friday, excluding public holidays) or you can contact us at firstname.lastname@example.org
CHANGE OF MIND RETURNS POLICY
At Cann Clinic we offer our customers total peace of mind when they shop with us.
If you decide that you do not want an item you have ordered, you may take advantage of our Money Back Guarantee and return it to us for your money back. To do this you must notify us of your intention to return the item you no longer want to email@example.com, within 14 days of us dispatching your order to you.
The product must be returned to us in AS NEW condition.
Should you have a change of mind and would like to either exchange the item (subject to our Returns Policy), the return shipping will be at your cost. We recommend registering and taking transit insurance on your return postage to us as items in transit are your responsibility until received back to our premises.
Due to State Health regulations, general medicines and prescriptions including any preparation that is taken via injection, transdermal application or orally are unable to be returned once the product has been opened and no longer in AS NEW condition.
If you have received the wrong order, any item is damaged or your order does not arrive please contact us and we will re-ship the order immediately.
FAULTY OR DAMAGED RETURN POLICY
All products purchased from Cann Clinic are covered by transit insurance and are fully guaranteed by us. This ensures your order is received by you in good working order and is able to be used as intended by the manufacturer and / or as specified by us.
In the unlikely event that your order is misplaced or damaged in transit please email our Customer Service team on firstname.lastname@example.org and give a full detailed description of the problem / damage, as well as your name, contact number or email and order number. We will then determine how best to resolve your problem with minimum inconvenience to you.
If your package was damaged in shipment by the courier, save the box and the product(s) and notify Customer Service immediately ,(open 9am – 5pm, Monday to Friday, excluding public holidays) or contact us at email@example.com
The courier will inspect and pick up the damaged package and the damaged items will be replaced.
CANCELLATION OF ORDERS
If you wish to cancel an order that has been confirmed by Cann Clinic, please contact us as soon as possible ,(open 9am – 5pm, Monday to Friday, excluding public holidays) or firstname.lastname@example.org.
Once the order has been dispatched by the pharmacy you will be unable to cancel it. Once received, you will be able to return it to us in original condition for a full refund less shipping fees.
We offer 100% REFUND (or FREE re-send) if you do not receive your order for any reason. The only instance where a refund is not guaranteed is if incorrect contact/shipping address details are provided at the time of ordering, so please always double check your delivery address.
Regrettably, except as required by law, shipping and handling fees are not refundable.