Terms & Conditions

BOOKING TERMS AND CONDITIONS

In this agreement:

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

‘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.

Acceptance of this agreement
1. This agreement governs our relationship with you now and in the future.
2. By booking an Appointment, you agree that you:
  1. have either completed the booking process yourself or someone has assisted you with your authorisation;
  2. are bound by this agreement; and
  3. are legally entitled to do so and are at least 18 years old.
3. If you do not agree to be bound by this agreement, are not legally entitled to do so, or are not at least 18 years old, then you must not book an Appointment.
Definitions
1. In this agreement, unless the context otherwise requires:
2. ‘Appointment’ means the relevant appointment time booked by you via our online booking process.
3. ‘Fees’ means the fees payable by you for the Services.
4. ‘Force Majeure Event’ means any occurrence or omission outside our control and includes:
  1. a physical natural disaster including fire, flood, lightning or earthquake;
  2. 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;
  3. epidemic or quarantine restriction;
  4. ionizing radiation or contamination by radioactivity from any nuclear waste or from combustion of nuclear fuel;
  5. confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint or damage to property by or under the order of any government agency;
  6. law taking effect after the date of this agreement; and
  7. strike, lock-out, stoppage, labour dispute or shortage.
5. ‘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.
6. ‘MedReleaf Clinics Material’ means any material provided by or to which we are authorised to access or is otherwise provided to us for the purposes of this agreement or in connection with the Services, including documents, equipment, reports, technical information, studies, plans, charts, drawings, calculations, tables, schedules and data stored by any means.
7. ‘Services’ means the services we provide to you, including health services at or in connection with an Appointment.
Fees and payment
1. We reserve the right to change our fees from time to time. Our current fees will be displayed on our website and may be updated from time to time.
2. Our Fees are quoted in Australian dollars and are inclusive of GST.
3. You warrant you are authorised to use the payment method you provide in connection with the payment of Fees for your Appointment.
4. You must pay the Fees in full at the time of booking your Appointment. Your Appointment is not confirmed until successful payment has been processed by the platform’s integrated payment gateway.
Supply of the Service
1. You acknowledge that:
  1. we may provide Services to you through our subsidiaries, affiliates, agents, or third parties, such OnePhenix, who conduct parts of the Services, including for example by processing registrations, bookings and payments;
  2. MedReleaf Clinic is a service provider, connecting you with independent medical practitioners who conduct their own businesses. When you make an Appointment, 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 them. We act merely as an agent for the relevant professional in connection with such bookings; and
  3. services may not be provided to you if it is determined during your Appointment that it is not in your best medical interests.
2. 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.
Changing or cancelling your Appointment
1. MedReleaf operates a strict 24-hour cancellation policy. If you fail to attend your scheduled Appointment on time or cancel with less than 24 hours’ notice, the upfront Fee may be forfeited to cover the practitioner’s allocated clinical time.
Attending your Appointment
1. To keep delays to a minimum, you must be ready at least 5 minutes before your Appointment is scheduled to commence (and as is customary when seeing any professional, allow reasonable leeway for delays and postponement).
2. Appointments are delivered via the platform’s native video or telephony tools. You agree you have the necessary technology, software and/or devices; a stable internet connection; and a private environment for the duration of the Appointment. MedReleaf and its technology partners are not liable for clinical outcomes affected by patient-side technical failure.
Privacy
1. You represent and warrant that:
  1. all information (including your medical history) provided by you in connection with the Services is true, accurate, current and complete; and
  2. you will not provide any misleading or deceptive (whether express or implied) information (including withholding information) in connection with any Appointment.
2. If you do not provide the requested personal information, or the personal information you provide is inaccurate, out-of-date or incomplete, we may be unable to provide the Services to you.
3. You acknowledge that MedReleaf utilises the OnePhenix clinical platform to manage patient records, appointments, and telehealth consultations. By booking an Appointment, you consent to:
  1. OnePhenix sharing relevant dispensing and script status data with our partner pharmacies (where applicable) to facilitate the delivery of your medication and the provision of required regulatory reporting; and
  2. your personal and health information being processed and stored within the OnePhenix ecosystem, and disclosed to professionals with whom you make an Appointment, in accordance with our Privacy Policy and all applicable laws.
4. We may collect, store, use, disclose and otherwise handle your personal information in accordance with this agreement, our and applicable legislation. For clarity, we do not collect or store credit card details. Such details are stored and managed by OnePhenix pursuant to its terms and conditions and .
Intellectual property
1. The MedReleaf Clinics Material remains our property and nothing in this agreement is intended to grant you any Intellectual Property Rights in the MedReleaf Clinics Material or other Intellectual Property Rights of us.
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) breach by you of this agreement (including a breach of your warranties, or a failure by you to maintain adequate technology, software, devices or internet connectivity for the purposes of attending an Appointment) or any negligent act or omission by you.
No warranties
1. WE MAKE NO REPRESENTATIONS AND GIVE NO WARRANTIES OR PROMISES IN CONNECTION WITH THE OUTCOME OF ANY APPOINTMENTS MADE VIA OUR WEBSITE OR THAT THE PROFESSIONAL OF YOUR CHOICE WILL BE AVAILABLE TO YOU AT ANY GIVEN TIME.
Liability
1. 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.
2. Subject to law, and without limiting any other exclusion or limitation of liability in this agreement, we will not be liable for any loss, damage or claim arising out of or in connection with any clinical interruption, delay or degradation of an Appointment caused by internet latency, platform downtime, network congestion or any other telecommunications or technology failure.
3. Neither party will be liable for any Consequential Loss suffered by the other party in connection with this agreement. ‘Consequential Loss‘ means: (i) any and all losses suffered by a party that cannot reasonably be considered to arise naturally from that breach or event or events giving rise to the losses; (ii) any and all indirect, consequential, special, exemplary or punitive losses; and (iii) any and all loss of income or revenue, loss of profits, or loss of savings whether arising in contract, tort (including negligence) or equity or under any statute.
4. 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):
  1. 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
  2. in the case of a supply of services, us supplying the services again or paying the cost of having the services supplied again.
5. The limitations and exclusions of liability in this clause do not apply to limit or exclude your liability for losses, damages, costs and expenses (including all legal costs) arising from: (i) personal injury or death of any person; (iii) repudiation of this agreement by you; or (iv) a wilful or negligent breach of this agreement by you.
Force majeure
1. 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.
General
1. Governing law and jurisdiction – 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.
2. Assignment – We may assign, license or sub-contract our rights and obligations under this agreement to any party, including any related entity of the MedReleaf Clinics. You may not assign, license, sub-contract or otherwise dispose of your rights or obligations under this agreement without our prior consent.
3. Severability – 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.
4. Changes to this agreement – We reserve the right to modify this agreement from time to time at our sole discretion and without any notice. We will endeavor to notify you of any changes to this agreement, but you agree to regularly check our website for updates. Changes to this agreement become effective on the date they are posted and your booking of an Appointment after any changes to this agreement will signify your agreement to be bound by the amended agreement.
5. Relationship – Nothing in this agreement is intended to create, nor does create, a partnership, agency, employment or fiduciary relationship between us and you.
6. Rule of construction – 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.

WEBSITE TERMS & CONDITIONS

In these Website Ts & Cs:

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

‘You’ or ‘your’ means the person visiting, viewing, accessing or otherwise using the Website.

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.

Acceptance of our Terms
1. By visiting, viewing, accessing or otherwise using the website at www.medreleafclinics.com.au (or other relevant domains), including any of the services on the website or information available on the website (together, the ‘Website‘), you:
  1. agree to be bound by these website terms and conditions of use (the ‘Website Ts & Cs‘); and
  2. warrant that you are legally entitled to do so and are at least 18 years old.
2. If you do not agree to be bound by these Website Ts & Cs, are not legally entitled to do so, or are not at least 18 years old, then you must not use the Website or the services offered via the Website.
Provision of Website and Services
1. You agree and acknowledge that:
  1. 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; and
  2. we are entitled to provide services to you through our subsidiaries, affiliates, agents or third parties.
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 professionals listed on the Website without using our services provided via the Website.
3. You represent and warrant 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.
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. You must let us know immediately if you become aware of any unauthorised use of your details on the Website.
Communication rules and policies
1. When you provide information via the Website, use our services or communicate with us or the professionals, you 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 an appointment via the Website.
  5. Any of these behaviours will terminate the services of the clinic and you will be discharged from the clinic.
2. You must not contact the relevant professional with whom you wish to make an appointment until:
  1. you have made the appointment.
  2. you have provided all requested and relevant details; and
  3. the appointment time has arrived.
3. If you first contact any professional 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 professional, unless you have obtained written permission to do so.
4. 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 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.
5. You agree that you shall not portray the MedReleaf Clinics (or any of our officers, employees, representatives, affiliates, agents and related parties) in a false, derogatory or offensive manner including to online forums and social media platforms such as Facebook and Reddit.
6. You agree that you shall comply with all codes of conduct, policies and rules implemented by us.
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 license 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).
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.
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. 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.
3. Without limiting the foregoing, we do not represent 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 or third-party websites 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.
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.
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.
Liability
1. 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 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 Clinics or the Website (or any incident that may result in any such damage, loss or injury), then you must immediately notify us.
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).
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 OnePhenix) 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.
Commissions
1. You acknowledge and agree that we may receive fees and/or commissions from third party providers if you purchase goods or services from any provider we recommend to you.
General
1. Governing law and jurisdiction – The laws of Queensland, Australia govern these Website Ts & Cs. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and courts competent to hear appeals form those courts.
2. Assignment – We may assign, license or sub-contract our rights and obligations under these Website Ts & Cs to any party, including any related entity of the MedReleaf Clinics. You may not assign, license, sub-contract or otherwise dispose of your rights or obligations under these Website Ts & Cs without our prior consent.
3. Severability – Each provision of these Website Ts & Cs 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.
4. Changes to these Terms – 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.
5. Relationship – 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).
6. Additional terms – 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.
7. Rule of construction – No rule of construction applies in the interpretation of these Website Ts & Cs to the disadvantage of the party preparing the document on the basis that it put forward this document or any part of it.