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In these Terms and Conditions, unless otherwise indicated:
Agreement means the Terms of Use, Shipping and Returns Policy, and VeteranCann Platform Policy, contained within these Terms and Conditions.
Australian Consumer Law means the law set out in schedule 2 of the Competition and Consumer Act 2010 (Cth);
VeteranCann Platform refers to the platform upon which a person can access consultations with practitioners and purchase products from our partner pharmacies.
User refers to a person who accesses or uses the VeteranCann Platform or Site;
User Content means any and all information and content that a User submits to, or uses with, the Site or Services, including without limitation, content in the User’s profile, User reviews and/or postings;
Site refers to VeteranCann.com.au
VeteranCann Clinic Pty Ltd (VeteranCann, us, we, or our) own and operate the Site. Access to and use of the Site and the products and services available through the Site (collectively, Services) is subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing to all 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.
The Site provides a platform for you to access consultations with medical and other health practitioners. VeteranCann is not responsible for the advice provided by those practitioners and does not make any representations about their expertise or suitability of the advice provided, or not provided. The Site may also provide you with access to pharmacies or businesses which may dispense products prescribed or recommended by a practitioner. VeteranCann is not responsible for the quality or suitability of those products.
VeteranCann reserves the right to amend the Terms of Use at any time. Any changes will be published on the Site. Amendments will be effective upon publication on the Site. Your continued use of the Site represents an agreement to be bound by the amended Terms of Use.
The Site contains links to other websites which are not owned or operated by VeteranCann, for your information and convenience. VeteranCann has no control over websites which it does not own or operate and accepts no responsibility for any loss or damage that may arise from your use of other websites.
VeteranCann’s Privacy Policy (the Privacy Policy) sets out how we will collect, use and disclose your information. By using the Site, you consent to the collection, use and disclosure of your information in accordance with the Privacy Policy.
a. Apart from any use permitted under the Copyright Act 1968 (Cth) you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute content on the Site in any way except as expressly provided for on the Site or expressly authorised in writing by VeteranCann. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material available on the Site.
b. Excluding User Content, you acknowledge that all the intellectual property rights in the Site and Services are owned by VeteranCann or VeteranCann’s licensors. The provision of the Site and Services does not transfer to you or any third party, any rights, title, or interest in or to such intellectual property rights.
c. Copyright/Trademark Information. Copyright © 2020, VeteranCann Clinic Pty Ltd. VeteranCann™; the VeteranCann logo; “VeteranCann” (collectively, Marks) are trademarks of VeteranCann Clinic Pty Ltd. You acknowledge and agree that You are not permitted to use VeteranCann’s Marks or any third-party marks displayed on our site without prior written consent from, respectively, VeteranCann Clinic Pty Ltd or the owners of such third-party marks.
You must be 18 years of age to use the VeteranCann Platform within Australia.
a. In order to use certain features of the Site (e.g. the VeteranCann Platform), you must register for an account with VeteranCann (VeteranCann Account). You will be prompted to provide information about yourself by the VeteranCann Account registration form. You represent and warrant that:
(i) all required registration information you submit is complete and accurate;
(ii) and you will maintain the accuracy of such information at all times.
b. You may not create more than one VeteranCann Account.
c. VeteranCann may suspend or terminate your VeteranCann Account in accordance with these Terms of Use.
d. You may delete your VeteranCann Account at any time, for any reason, by sending an email to support@VeteranCann.com.au which includes your VeteranCann Account email, full name and your request to delete your account.
e. You are responsible for maintaining the confidentiality of your VeteranCann Account login information and are fully responsible for all activities that occur under your VeteranCann Account. You agree to immediately notify VeteranCann of any unauthorized use, or suspected unauthorized use, of your VeteranCann Account or any other breach of security. VeteranCann cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
f. We may permit you to login to the Site or Service or otherwise associate your VeteranCann Account with your login credentials from certain social networking sites (SNS) (for example, Facebook and Twitter). We may receive information about you from a SNS, in accordance with the terms and conditions of the SNS.
a. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy.
b. All information contained on the Site and services is for informational purposes only and is not a substitute for medical or health practitioner consultation.
c. VeteranCann is not responsible for your relationship with any practitioners, third party, or other Users of the Site or Services.
d. VeteranCann is not obliged to screen third parties to determine whether they are qualified or authorized by law to provide their services or to determine the accuracy of the information they provide.
e. Any information accessed through the Site and Services, or within any of VeteranCann’s social media pages or channels is for informational and educational purposes only, is not intended to be a substitute for medical advice, diagnosis, or treatment.
a. In this clause, a reference to VeteranCann includes its officers, directors, contractors, employees and agents.
b. You agree to indemnify and hold VeteranCann, harmless from any and all losses (including reasonable legal costs and expenses) or liabilities incurred by VeteranCann arising from any claim, demand, suit, action or proceeding by any person against VeteranCann arising from, in connection with or in respect of:
(i)
your violation of the User Terms; or
(ii)
your publication of or distribution of any material or
information.
c. Subject to any consumer guarantees under the Australian Consumer Law which cannot be excluded, in no event shall VeteranCann be liable to you or any third party for any lost profit, or an indirect, consequential, exemplary, incidental or special or punitive damages arising from this agreement and from the use of the Site or inability to use the Site.
a. License
Subject to the terms of this Agreement, VeteranCann grants you a non-transferable, non-exclusive license to use the Site and Services for your personal, non-commercial use. Subject to the terms of this Agreement, VeteranCann grants you a non-transferable, non-exclusive license to install and use the software VeteranCann makes available for mobile devices (Mobile App), in executable object code format only, solely on your own handheld mobile device and for your personal, non-commercial use. As used in this Agreement, the term “Services” includes the Mobile App.
b. Certain Restrictions
The rights granted to you under the Terms of Use are subject to the following restrictions:
(i)
you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services;
(ii)
you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services;
(iii)
you shall not access the Site or Services in order to build a similar or competitive service;
VeteranCann reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that VeteranCann will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.
Text message
a. Where you have provided us with your phone number, you agree that VeteranCann and those acting on its behalf may send you text (SMS) messages. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. Your agreement to receive promotional texts is not a condition of any purchase or service offered by VeteranCann. If you change or deactivate the phone number you provided to VeteranCann, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. You agree that texts, calls, or pre-recorded messages may be generated by automatic telephone dialling systems.
b. You may opt-out of receiving all text messages from VeteranCann at any time by deleting your account or by replying STOP to any text message from VeteranCann. NOTE: opting-out of receiving all text messages from VeteranCann, may limit your ability to use certain Services. You may continue to receive text messages for a short period while VeteranCann processes your request, and you may also receive text messages confirming the receipt of your opt-out request.
c. You may opt back into receiving text messages from VeteranCann at any time by notifying VeteranCann or by replying START to a text message from VeteranCann.
Email
d. Where you have provided your email address, you agree that we may send you emails concerning our Services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.
a. You acknowledge and agree that VeteranCann is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. VeteranCann does not assume and will not have any liability or responsibility to you or any other person or User for your use or misuse of any User Content.
b. You agree not to use the Site, Services, or any of VeteranCann’s social media pages or channels to collect, upload, transmit, display, or distribute any User Content that:
(i)
violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(ii)
is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature; or
(iii)
in violation of any law, regulation, or obligations or restrictions imposed by any third-party.
c. You hereby grant, and you represent and warrant that you have the right to grant, to VeteranCann an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, 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 Site 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.
If you provide VeteranCann any feedback or suggestions regarding the Site or Services (Feedback), you hereby assign to VeteranCann all rights in the Feedback and agree that VeteranCann shall have the right to use such Feedback and related information in any manner it deems appropriate. VeteranCann will treat any Feedback you provide to VeteranCann as non-confidential and non-proprietary. VeteranCann will not modify the Feedback. You agree that you will not submit to VeteranCann any information or ideas that you consider to be confidential or proprietary.
a. You agree not to use the Site or Services to:
(i)
upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;
(ii)
send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
(iii)
harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
(iv)
interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks;
(v)
harass or interfere with another User’s use and enjoyment of the Site or Services; or
(vii)
introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services.
b. We reserve the right (but have no obligation) to review any User Content (including any image files or reviews), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your VeteranCann Account in accordance with these Terms of Use, and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.
During use of the Site or Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers including practitioners, pharmacies, advertisers, or sponsors showing their goods and/or services through the Service. VeteranCann is not a party to any transaction that you may enter into with a third party. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party. VeteranCann shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third-party. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
The Site or Services might display, include, or make available third-party content (including data, information, articles applications or other products, services and/or materials) or contain links to third party websites, services, and advertisements for third parties (Third-Party Materials). You acknowledge and agree that VeteranCann is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. VeteranCann does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to a Third-Party Material, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.
The Site or Services might display, include, or make available coupons, promotional codes, giveaways, samples, and other offers (Deals). Deals constitute Third-Party Materials under these Terms of Use. VeteranCann displays these Deals on the Site and Services as a form of advertisement for the third party only. All Deals are offered directly by the applicable third party, and may be subject to additional terms, conditions, or restrictions, whether or not such additional terms, conditions, or restrictions are expressly included on the Site or Services. The relevant third party, and not VeteranCann, is solely responsible for:
a. redemption of the Deal;
b. compliance of all aspects of the Deal with applicable law (including without limit, the advertisement, redemption, and terms, conditions and restrictions related thereto);
c. all goods and services it provides to you in connection with the Deal;
d. and all losses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Deal or not.
Each User of the Site or Services is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content. VeteranCann makes no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Users are solely between you and such User. You agree that VeteranCann will not be responsible for any loss or damage incurred as the result of any such interactions. VeteranCann is under no obligation to become involved or assist in the resolution of disputes between Users.
Release regarding other Users, Third-Party Interactions or Third-Party Materials
You hereby release and forever discharge VeteranCann (and our officers, directors, contractors, employees, agents, successors, and assigns) from, and hereby waive and relinquish your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users, Third-Party Interactions, or Third-Party Materials.
a. Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services.
(i)
We may suspend your rights to use the Site and/or Services (including your VeteranCann Account); or
(ii)
terminate this Agreement,
at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your VeteranCann Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your VeteranCann Account involves deletion of your User Content associated therewith from our Site, Services, and live databases. VeteranCann will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your VeteranCann Account or deletion of your User Content.
b. Even after this Agreement is terminated, the provisions of this Agreement which are capable of operating will remain in effect.
This Agreement is governed by the laws of the State of Victoria.
a. Pre-Arbitration dispute resolution
We are always interested in resolving disputes amicably and efficiently. Attempts to informally resolve any dispute must be exhausted before any formal legal proceedings or arbitrations may be commenced. Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@VeteranCann.com.au. If such efforts prove unsuccessful in the reasonable opinion of
the parties, a party may commence formal proceedings.
b. Arbitration
Any disputes or claims arising out of or relating to this Agreement, or the breach thereof, shall be determined by arbitration administered by the Australian Centre for International Commercial Arbitration (ACICA) in accordance with its rules then in effect. The number of arbitrators shall be one. The place of arbitration shall be Melbourne, Victoria. Victorian law applies. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to recover reasonable attorney’s fees, legal expert fees, costs, and necessary disbursements incurred in arbitration.
This Agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
This Agreement, together with the Privacy Policy and all other documents referred to in this Agreement, constitutes the entire agreement between you and VeteranCann with respect to the Site and Services, and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and VeteranCann with respect to the Site and Services and governs the future relationship.