Terms & Conditions

CannaTelehealth Platform Terms and Conditions – Patients

In these Terms, when we say you or your, we mean both you and any entity you are authorised to represent (such as your employer). When we say we, us, or our, we mean PHENIX HEALTH PTY LTD (ACN 607 822 266) trading as Cannatelehealth.  

These Terms form our contract with you, and set out our obligations as a service provider and your obligations as a patient You cannot use our Services unless you agree to these Terms.

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.

For questions about these Terms, or to get in touch with us, please email: info@canatelehealth.com.au.

These Terms were last updated on 7 November 2024.

 

DISCLAIMER

IF YOU REQUIRE IMMEDIATE MEDICATION ATTENTION, CONTACT YOUR TREATING MEDICAL PRACTITIONER OR CALL 000.

The information on our Platform and website is intended to be general information only and is in no way intended to be medical advice, treatment or diagnoses, or substituted for the foregoing. We do not accept any liability for any injury, loss or damage incurred by you, or a third party, for your use of, or reliance on, the information published on the Platform or website. You should seek immediate advice from a Healthcare Practitioner if you have any concerns related to your health.

We provide a service allowing you to obtain consultations with a Healthcare Practitioner and order medications from a pharmacy. If you require immediate medical attention, contact your treating general practitioner or call 000.

DO NOT USE OUR PLATFORM if you have an emergency or critical medical condition including chest pain, respiratory distress, stroke, or any other illness requiring medical attention.

If you are in doubt about the seriousness of your condition, the appropriateness or effectiveness of using our Services or believe that you, or another person is in an urgent, dangerous or emergency situation, you should not use our Services and instead contact 000 immediately or seek alternative and appropriate medical services.

 

OUR DISCLOSURES

Please read these Terms carefully before you accept. We draw your attention to:

•     our privacy policy (https://www.cannatelehealth.com.au/terms-conditions/) which sets out how we will handle your personal information;

•     clause 1.4 (Variations) which sets out how we may amend these Terms; and

•     clause 18 (Liability) which sets out exclusions and limitations to our liability under these Terms.

We may receive a benefit (which may include an administration fee, a referral fee or a commission) should you visit certain third party websites through a link on our Platform, or for featuring certain goods or services on our Platform.

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

 

1.               Engagement and Term

1.1            We provide an online platform that includes a cloud-based and browser-based website (Platform) that can be found at https://www.cannatelehealth.com.au/ where you can make a booking for an initial health consultation with a Healthcare Practitioner who will discuss your health with you and recommend a course of action to assess your health. The Platform also allows you to upload or direct the Healthcare Practitioner to upload a Script on the Karma Pharma Platform to be sent to a Partner Pharmacy to be dispensed.

1.2            These Terms apply from when you sign up for an Account, until the date on which your Account is terminated in accordance with these Terms. We grant you a right to use our Services for this period of time only.

1.3            You must be at least 18 years old to use our Platform.

1.4            Variations: We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use our Platform after the notice or 14 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may close your Account with effect from the date of the change in these Terms by providing written notice to us. If you close your Account, you will no longer be able to access our Services (including our Platform) on and from the date of cancellation.

2.               Our Services

2.1            Subject to your compliance with these Terms, our Services include:

(a)             providing you with access to the Platform (Platform Services);

(b)            facilitating virtual consultations with a Healthcare Practitioner (Consultation Services); and

(c)             where you opt us to do so, forwarding your Script to a Partner Pharmacy or forwarding your script to our Karma Pharma Platform to facilitate the ordering and dispensing of medications from a Partner Pharmacy (Pharmacy Connection Services).

(together, the Services).

2.2            If these Terms express a time within which the Services are to be supplied, we will use reasonable endeavours to provide the Services by such time, but you agree that such time is an estimate only.

2.3            We will not be responsible for any other services unless expressly set out on in these Terms or on our Platform.

3.               Account

3.1            You may sign up for an Account in order to access and use our Platform.

3.2            While you have an Account with us, you agree to:

(a)             keep your information up-to-date (and ensure it remains true, accurate and complete);

(b)            keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and

(c)             notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.

4.               Consultation Services

4.1            You are able to book a telehealth consult with a Healthcare Practitioner online through our Platform (Consultation).

4.2            The types of Consultations we offer are set out on our website.

4.3            Children: If you are booking a consultation for a child under the age of 16, the parent or guardian must be present for the Consultation.

4.4            All Healthcare Practitioners operate under the relevant codes of practice and regulations in Australia. As such, the Healthcare Practitioner is solely responsible for:

(a)             determining whether you are eligible for the Consultation Services;

(b)            your treatment plan and all aspect of your care; and

(c)             deciding whether you require any further medical testing or medications, including prescription medications.

4.5            The decision to prescribe any medications (including any repeats) rests entirely with the Healthcare Practitioner, based on their professional judgment and in consideration of your health conditions and medical history. This is to ensure prescriptions are appropriate and safe for you to use. If the Healthcare Practitioner determines that a medication is not suitable or necessary for your treatment, they have the right to not prescribe it. In such cases, we will not be able to provide a refund for the Consultation unless otherwise agreed with your Healthcare Practitioner.

4.6            You understand that:

(a)             the Healthcare Practitioner may request that you make follow up appointments before you can obtain a new prescription so that they can monitor how your treatment is working;

(b)            some medications may be prescribed for off label use; and

(c)             some medications may be in short supply or not available in Australia and may need to be compounded.

4.7            You understand that where a medication is prescribed for an off label use, or is compounded by a pharmacist, the medication has not been evaluated for safety and efficacy by the Therapeutics Goods Administration (TGA) and is not included in the Australian Register of Therapeutic Goods (ARTG).

4.8            To the maximum extent allowed under Law, we make no guarantee that you will be able to access any medications or treatments or that any medications or treatments will be effective or achieve a certain result.

5.               Bookings

5.1            You may book your Consultation by completing the Intake Form (Booking Request). We may, at our discretion, accept or reject a Booking Request.

5.2            You must provide us all information required in the Intake Form, including your name and contact number. We will handle any personal information provided in accordance with our privacy policy available at https://www.cannatelehealth.com.au/privacy-policy/.

5.3            Once we receive your Booking Request, we will send you a confirmation by email with the Consultation details (Booking). It is your responsibility to check the details in the email or text message.

5.4            Due to unforeseen circumstances, you acknowledge and agree that we or the Healthcare Practitioner may need to reschedule the date or time of your Booking. Where we need to reschedule a Booking, we will notify you at our earliest convenience and we will reschedule at a time to be agreed between the Parties.

6.               Cancellations

6.1            You may cancel your Booking at any time by emailing us with at least 24 hours’ notice. Within a Booking cancellation email, you must identify your Booking and request cancellation of your Booking. Your Booking will not be cancelled until we provide confirmation of the cancellation of your Booking in writing.

6.2            If you do not attend your Booking and have not requested cancellation of the Booking 24 hours in advance, the Booking will be considered missed and the payment will be non-refundable.

6.3            We may cancel your Booking if you do not pay the required fees, or if we do not have any available Healthcare Practitioner to attend the Consultation. If we cancel due to a lack of available Healthcare Practitioners, we will provide you with a full refund.

6.4            We reserve the right to cancel your Consultation in progress if your conduct towards the Healthcare Practitioner becomes abusive or inappropriate, if we encounter technical issues, if the Healthcare Practitioner deems the telehealth consultation unfit for the circumstance, or if your medical condition requires immediate in-person attention. Should the consultation be cancelled due to your inappropriate behaviour, you will not be entitled to a refund of the fees. If the cancellation arises from technical difficulties, the Healthcare Practitioner’s determination of an unsuitable telehealth Consultation, or the necessity for immediate in-person medical care, we will issue a full refund of the relevant consultation fee.

7.               Records

7.1            We agree to retain any relevant medical records (Records) in accordance with all applicable Laws (including adhering to any mandated data retention periods). The Records will be held in electronic storage by us during and after the Term, having regard to our statutory obligations under the applicable Laws.

7.2            You agree that the Records are and will remain our property.

7.3            You may contact us to arrange for the transfer or release of Records

8.               Pharmacy Connection Services

8.1            Where appropriate, the Healthcare Practitioner may prescribe medications for your use and issue you with a Script.

8.2            You have the option of:

(a)             having the Script sent to your phone as an e-token;

(b)            asking us to send the Script to a Partner Pharmacy and contacting them to dispense your Script; or

(c)             placing an order directly with a Partner Pharmacy for your medications through the Karma Pharma platform.

1.1            You understand that we are not a pharmacy and we do not sell or supply any medications to patients including you. The sale, supply and delivery of any medication is subject to a separate agreement between you and the Partner Pharmacy. Where we are providing you with the Pharmacy Connection Services, the Platform has the feature and technology to on-forward your Script to a Partner Pharmacy. You consent to us disclosing your Personal Information to the Partner Pharmacy in order to provide you with the Script Forwarding Services and you consent to the Partner Pharmacy contacting us (including the Healthcare Practitioner) for any information relating to your Script or your treatment.

8.3            If you have selected to place an order for medication with a Partner Pharmacy through the Karma Pharma Platform, you will be redirected to the Karma Pharma Platform to pay for your medications. You understand that the use of the Karma Pharma Platform is subject to additional terms and conditions.

8.4            To the maximum extent allowed under law, we are not responsible and accept no liability for any interactions you have with a Partner Pharmacy including the dispensing or compounding of medications by a Partner Pharmacy on your behalf.

9.               Payments

9.1            You must pay all amounts due under these Terms in accordance with these Terms or as set out on our Platform (as applicable).

9.2            We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.

9.3            You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of our Services by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.

9.4            Taxes: You are responsible for paying any levies or taxes associated with your use of our Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).

9.5            Medicare Rebates: the pricing of the Consultations and whether there is an eligible Medicare rebate is set out on our website.

10.           Your Obligations

10.1         You agree to (and to the extent applicable, ensure that your Personnel agree to):

(a)             comply with these Terms, all applicable Laws, and our reasonable requests;

(b)            provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Services, including your Medicare card number;

(c)             that all information and documentation that you provide to us in connection with the Terms is true, correct and complete; and

(d)            not (or not attempt to) disclose, or provide access to, the Services to third parties without our prior written consent.

10.2         You agree to pay our additional costs reasonably incurred as a result of you failing to comply with this clause.

11.           Platform Licence

11.1         While you have an Account, we grant you a right to use our Platform (which may be suspended or revoked in accordance with these Terms). This right cannot be passed on or transferred to any other person.

11.2         You must not:

(a)             access or use our Platform in any way that is improper or breaches any laws, infringes any person’s rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability; 

(b)            interfere with or interrupt the supply of our Platform, or any other person’s access to or use of our Platform; 

(c)             introduce any viruses or other malicious software code into our Platform; 

(d)            use any unauthorised or modified version of our Platform, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to our Platform;

(e)             attempt to access any data or log into any server or account that you are not expressly authorised to access;  

(f)              use our Platform in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing;

(g)             circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party; or

(h)            access or use our Platform to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.

12.           Availability, Disruption and Downtime

12.1         While we strive to always make our Services available to you, we do not make any promises that these will be available 100% of the time. Our Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.

12.2         Our Services (including our Platform) may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.

12.3         We will try to provide you with reasonable notice, where possible, of any disruptions to your access to our Services.  

13.           Third Party Providers

13.1         You acknowledge and agree that access to the Platform may be reliant on certain Third Party Providers, including IT providers or CRM providers. You agree to comply with the terms and conditions applicable to the relevant Third Party Providers (Third Party Terms) at all times.

13.2         You acknowledge and agree that if you do not agree to any Third Party Terms, this may affect our ability to provide the Services. 

13.3         To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with any Third Party Terms.

13.4         This clause 13 will survive the termination or expiry of these Terms.

14.           Intellectual Property and Data

14.1         We own all intellectual property rights in our Services (including our Platform). This includes how our Platform looks and functions, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on our Platform.

14.2         We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.

15.           Confidential Information

15.1         Subject to clause 15.2, each Party must (and must ensure that its Personnel do) keep confidential, and not use or permit any unauthorised use of, confidential information provided by the other Party.

15.2         Clause 15.1 does not apply where the disclosure is required by Law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with these Terms and provided that the disclosing Party ensures the adviser complies with the terms of clause 15.1.

15.3         This clause 15 will survive the termination of these Terms.

16.           Personal Information

16.1         We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on our website at https://www.cannatelehealth.com.au/privacy-policy/, and applicable privacy laws, including the Privacy Act 1988 (Cth).

16.2         You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).

16.3         We may need to disclose Personal Information to third parties, such as Partner Pharmacies, our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).

16.4         Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.

17.           Consumer Law Rights

17.1         In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms.

17.2         Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.

17.3         If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)). If our Platform is not ordinarily used for personal, household or domestic use, our liability for a breach of your Consumer Law Rights is limited to either resupplying our Services, or paying the cost of having our Services resupplied.

18.           Liability

18.1         To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with: 

(a)             you not providing us or the Healthcare Practitioner with correct and complete current health and medical information;

(b)            your computing environment (for example, your hardware, software, information technology and telecommunications services and systems);

(c)             any use of our Services by a person or entity other than you;

(d)            your failure to follow any reasonable instructions provided to you by us;

(e)             any event outside of our reasonable control; or

(f)              your failure to follow any reasonable instructions provided by us or the Healthcare Practitioner.

18.2         Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law: 

(a)             neither we or you are liable for any Consequential Loss;

(b)            a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss;

(c)             (where our Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and

(d)            our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to AU$1,000. 

19.           Termination

19.1         We may suspend your access to our Services where we reasonably believe there has been any unauthorised access to or use of our Services (such as the unauthorised sharing of login details for our Platform). If we suspend your access to our Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate your Account and your access to our Services will end.

19.2         We may terminate these Terms (meaning you will lose access to our Services, including access to your Account) if:

(a)             you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;

(b)            you breach these Terms and that breach cannot be remedied; or

(c)             you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).

19.3         You may terminate these Terms if:

(a)             we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or

(b)            we breach these Terms and that breach cannot be remedied.

19.4         You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 20.7), and termination will take effect immediately.

19.5         Upon termination of these Terms, we will retain Your Data (including copies) as required by law or regulatory requirements.

19.6         Termination of these Terms will not affect any other rights or liabilities that we or you may have. 

20.           General

20.1         Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.

1.2            Disputes with us:  Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

If the Dispute is not resolved at that initial meeting either Party may refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation. 

1.3            Disputes with the Partner Pharmacy: We encourage you and the Partner Pharmacy to attempt to resolve disputes (including claims for refunds or remedies) directly and in good faith. In the event that a dispute cannot be resolved through these means, you and the Partner Pharmacy may choose to resolve the dispute through other means, such as mediation. We are not responsible for mediating or resolving disputes between you and a Partner Pharmacy in respect of any Order.

20.2         Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including our Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.

20.3         Governing law: These Terms are governed by the laws of Queensland, and any matter relating to these Terms is to be determined exclusively by the courts in Queensland and any courts entitled to hear appeals from those courts.

20.4         Illegal Requests: We reserve the right to refuse any request for or in relation to our Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.

20.5         Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.

20.6         Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.

20.7         Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.

20.8         Survival: Clauses 13 to 19 will survive the termination or expiry of these Terms.

20.9         Third Party Sites: Our Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations in relation to the suitability of those websites. If you purchase goods or services from a third party website linked from our Platform, those goods or services are being provided by that third party, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our Platform, or for featuring certain goods or services on our Platform. We will make it clear by notice to you which (if any) goods or services, or website links, we receive a benefit from by featuring them on our Platform.  

21.           Definitions

21.1         In these Terms:

Account means an account accessible to the individual or entity who signed up to our Services.

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of our Services (including our Platform) will not constitute “Consequential Loss”.

Intake Form means the form that you must complete before you make any Booking.

Healthcare Practitioner means the Australian registered doctor or nurse practitioner (as applicable) who provides health services to you in connection with the Consultation Services.

Karma Pharma Platform means the online platform located at https://www.karmapharma.com.au/ where you can order medications from Partner Pharmacies.

Law means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant party in connection with these Terms or the supply of the Services.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.

Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.

Partner Pharmacy means a registered pharmacy who is listed on our Platform as accepting online Scripts.  

Script means a medical prescription that includes an electronic medication prescription.  

Services means the services we provide to you, as detailed in clause 2.1.