1. About the Website

Hanamed.com.au (the website) is registered under Green Rooster Community Pty Ltd (ABN 65 670 590 100) and access to, and use of the Website, or any of its associated Products or Services, is provided by and belongs to HanaMed, its affiliates, subsidiaries, parent company, and other related companies. References to “you” and “your” refer to you, a user of our Site and/or Services. Please read these terms and conditions (the ‘Terms’) carefully.  

By using, browsing and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any Services, immediately.  

HanaMed reserves the right to review and change any of the Terms by updating this page at its sole discretion. When HanaMed updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

These terms of use (“agreement”) sets forth the legally binding terms for your use of the site and services. By accessing or using the site or services, you are accepting this agreement and you represent and warrant that you have the right, authority, and capacity to enter into this agreement. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by HanaMed in the user interface. You may not access or use the site or services or accept the agreement if you do not have the capacity to enter into this agreement. If you do not agree with all of the provisions of this agreement, do not access and/or use the site or services. If you are using the site or services on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative of such company, entity, or organization with the authority to bind it to this agreement.  

Please read these terms carefully, as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. The agreement to arbitrate requires (with limited exception) that you submit claims you have against us to binding and final arbitration, and further (1) you will only be permitted to pursue claims against company on an individual basis, not as 4.2 plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

Disclaimers:

All information contained on the site and services is for informational purposes only. Content posted by HanaMed on any website, mobile application, social media channel, third-party content service, or advertisement is for informational purposes only. HanaMed does not endorse and is not responsible for the accuracy or reliability of, any opinion, advice, statement, or other information made on the site or services, including user content and third-party materials (each as defined below). HanaMed is not responsible for your relationship with any dispensary, retail location, health care provider, any third- party, or other users of the site or services. HanaMed is not obligated to screen dispensaries, retail locations, health care providers, or their menus, content, or deals to determine whether they are qualified or authorized by law to provide their services or to determine the accuracy of their menus or other information they provide.

HanaMed does not offer medical advice unless through paid consultation. Any information accessed through the site and services, or within any of HanaMed’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, and is not intended to cover all possible uses, directions, precautions, or adverse effects. Such information includes, without limitation, third-party materials, user content, and HanaMed-generated content derived from user content. The information on the site and services and provided via HanaMed’s social media pages and channels should not be used for the diagnosis or treatment of any medical condition. Always consult your doctor or other qualified health care provider if you have any questions about a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the site, services, or on HanaMed’s social media pages and channels.  

Cannabis is a drug and may have negative side effects or interactions with other medications. Medicinal Cannabis doesn’t work for everyone. How Cannabis affects a person and is metabolised depends on many things including their condition, size, weight, age and health, dosage, other medications and tolerance. Other drugs, medications or supplements that are being taken can also interact with or be affected by Cannabis. It is upon a healthcare professional only to determine if medicinal cannabis is right for you in consideration of your individual circumstances.  

Acknowledgement of federal law: User expressly acknowledges that HanaMed is for residents with laws regulating medical or the recreational use of cannabis only and that medical cannabis collectives and patients are established pursuant to their respective State laws. Cannabis is included on Schedule 1 under the Australian Misuse of Drugs and Therapeutic Drugs Act. Under the federal laws of the Australia, manufacturing, distributing, dispensing or possession of cannabis is illegal, and individuals are subject to arrest and/or prosecution for doing so. Client further acknowledges that medical use is not recognised as a valid defence under federal laws regarding cannabis. Client also acknowledges that the interstate transportation of cannabis is a federal offense.

3. Eligibility to use the Services

You must be 18 years of age or a qualified medical cannabis patient to use the Site and/or Services within Australia.  

In order to access the Services, you may be required to share your personal details with HanaMed so we can best provide our services to you.  

As part of the booking process or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:  

• Name

• Phone number

• Email address

• Date of Birth

• Other details as needed to provide the services  

You warrant that any information you give to HanaMed in the course of completing the booking process will always be accurate, correct.  

You may not use the Services and may not accept the Terms if:  

• you are not of legal age to form a binding contract with HanaMed; or

• you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which – you are resident or from which you use the Services.  

Information related to all users is subject to and handled in accordance with HanaMed’s Privacy Policy.

4. Your obligations as a User

As a User of HanaMed, you agree to comply with the following:  

You will use the Services only for purposes that are permitted by:  

• the Terms; and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

• any use of your personal information by any other person, or third parties, is strictly prohibited. You agree to immediately notify HanaMed of any unauthorised use of your personal details or any breach of security of which you have become aware;

• access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of HanaMed providing the Services;

• you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of HanaMed;

• you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

• you agree that appropriate legal action will be taken by HanaMed for any illegal or unauthorised use of the Website; and

• you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5. Copyright and Intellectual Property

The Website, the Services and all of the related products of HanaMed are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by HanaMed or its contributors.  

All trademarks, service marks and trade names are owned, registered and/or licensed by HanaMed, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:  

• use the Website pursuant to the Terms;

• copy and store the Website and the material contained in the Website in your device’s cache memory; and

• print pages from the Website for your own personal and non-commercial use.  

HanaMed does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by HanaMed.  

HanaMed retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:  

business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.  

You may not, without the prior written permission of HanaMed and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

6. Privacy

HanaMed takes your privacy seriously and any identifying information provided through your use of the Website and/or Services are subject to HanaMed’s Privacy Policy.  

By using the Services or Software, you agree that HanaMed and those acting on its behalf may send you text (SMS) messages at the phone number you provided us. These messages may include operational messages about your use of the Services, as well as marketing or other promotional messages. Messages from HanaMed, its affiliated companies and necessary third-party service providers, may include but are not limited to: operational communications concerning use of the Services, updates concerning new and existing features on HanaMed, communications concerning promotions run by us or our third-party partners, and news concerning HanaMed and industry developments. 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 HanaMed. If you change or deactivate the phone number you provided to HanaMed, you must notify us immediately 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.

7. General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.  

Subject to this clause, and to the extent permitted by law:  

all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and HanaMed will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.  

Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of HanaMed make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of HanaMed) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

 failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website); costs incurred as a result of you using the Website, the Services or any of the products of HanaMed; and the Services or operation in respect to links which are provided for your convenience.  

HanaMed has a zero-tolerance policy for hostile, abusive or unreasonable conduct from patients and/or customers whether over the phone or in person.  

Unreasonable conduct by customers is any behaviour which, because of its nature or frequency, raises substantial health, safety, resource or equity issues for our organisation, our staff, other service users and patients or the patient themself. All staff have the right not to be subjected to any behaviour/abuse that includes:

• Abusive language

• Threats of physical harm or violence

• Inappropriate religious, cultural or racial insults

• Homophobic, sexist or other derogatory remarks  

In such unlikely behavioural circumstances by the patients and/or customers, HanaMed reserves the right to take all such steps that may be deemed necessary including, disconnection of a phone call, request to leave the premises, refusal of service or initiating legal proceedings.

8. Limitation of Liability

HanaMed’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.  

You expressly understand and agree that HanaMed, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.  

9. Termination of Contract

The Terms will continue to apply until terminated by either you or by HanaMed as set out below.  

If you want to terminate the Terms, you may do so by:  

providing HanaMed with 30 days’ notice of your intention to terminate; and closing your accounts for all of the services which you use, where HanaMed has made this option available to you.  

Your notice should be sent, in writing, to HanaMed via the ‘Contact Us’ link on our homepage.  

HanaMed may at any time, terminate the Terms with you if:  

you have breached any provision of the Terms or intend to breach any provision; HanaMed is required to do so by law; the provision of the Services to you by HanaMed is, in the opinion of HanaMed, no longer commercially viable.  

Subject to local applicable laws, HanaMed reserves the right to discontinue or cancel your access to HanaMed services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts HanaMed ‘s name or reputation or violates the rights of those of another party.

10. Indemnity

You agree to indemnify HanaMed, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:  

all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or any breach of the Terms.

11. Dispute Resolution

11.1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).  

11.2. Notice:

A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.  

11.3. Resolution:

On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:  

Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;  

If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee; The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;  

The mediation will be held in Queensland, Australia.  

11.4. Confidential:

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

11.5. Termination of Mediation:

If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

12. Jurisdiction and Governing Law

The Services offered by HanaMed is intended to be viewed by residents of Australia. The Terms are governed by the laws of Victoria, Australia.  

Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.  

13. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.  

14. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.