CannaDash – Website Terms and Conditions of Use

This website of Cameron Foote, JS Pharmacy Pty Ltd ACN 662 063 916 and Gary McGraw trading as CannaDash (“CannaDash”) has been created, is owned and controlled by CannaDash (“Website”).

CannaDash is an online dispensary which specializes in the dispensing and delivery of natural and difficult to access medicines, and related accessories, Australia wide.

Whenever you access or use this Website (or any online platform owned and operated by CannaDash, and in consideration for CannaDash allowing you to access and use the Website, you agree to these Website Terms and Conditions of Use (“Website Terms and Conditions”).

By agreeing to and complying with these Website Terms and Conditions, it does not guarantee that CannaDash will provide you with medications or other products that it supplies via its Website.

1. OVERVIEW

1.1 This Website has been created and is owned and controlled by CannaDash (also referred to in this document as “we”).

1.2 CannaDash’s Privacy Policy forms part of these Website Terms and Conditions. By agreeing to these Website Terms and Conditions, you also acknowledge and accept the terms set out in CannaDash’s Privacy Policy.

1.3 The Website Terms and Conditions govern your access to and use of the Website. Whenever you access or use the Website and in consideration for CannaDash allowing you access to or use of the Website, you agree to these Website Terms and Conditions.

1.4 If you do not understand any of the provisions contained in these Website Terms and Conditions or you are unable to comply with any of the terms set out below, you should immediately stop accessing and using the Website.

1.5 We may change these Website Terms and Conditions at our discretion. By continuing to access or use this Website, you accept these Website Terms and Conditions as they apply, including as updated, from time to time. We encourage you to periodically review Website Terms and Conditions, so you remain informed about the terms that govern your use of the Website.

1.6 These Website Terms and Conditions or any part of these Website Terms and Conditions do not constitute any medical advice or other service.

1.7 You access and use this Website at your own risk and CannaDash takes no responsibility or liability for any loss or damage you may suffer as a result of your access and use of this Website.

2. YOUR USER ACCOUNT

2.1 Prior to purchasing any medications or other product from CannaDash, you must create an account and become a registered user of the Website.

2.2 Creating a user account does not guarantee that CannaDash will be able to provide you with a medication or other product. In addition to creating a user account, you will be required to provide all information and documentation as required by law or requested by CannaDash and comply with all of CannaDash’s other requirements. CannaDash has the sole and total discretion to decide whether it will supply to you prescribed medications or other products.

2.3 To create an account and become a registered user, you must:

2.3.1 be over 18 years of age;

2.3.2 provide all of the required details. CannaDash will deal with this information in accordance with its Privacy Policy;

2.3.3 reside in Australia;

2.3.4 be capable of entering into a binding agreement with CannaDash; and

2.3.5 agree to these Website Terms and Conditions.

2.4 You must ensure that all information supplied to CannaDash remains accurate and up to date.

2.5 Once you have successfully created an account and registered as a user of the Website, you will be provided with a username and password for accessing the Website.

2.6 You must maintain the confidentiality of your username and password and must not authorize others to use your account. You are responsible for all activities conducted via your account. If you believe someone has gained unauthorized access to your account, you must contact us immediately.

2.7 CannaDash may suspend or disable your account or use of the Website at any time, without notice and for any reason.

3. YOUR USE OF WEBSITE

3.1 You must only access and use the Website in accordance with

3.1.1 these Website Terms and Conditions; and

3.1.2 all applicable and relevant laws and regulations.

3.2 You agree to not:

3.2.1 use a false identity or provide false details to CannaDash;

3.2.2 use the Website for any other purpose other than for ordering and purchasing prescribed medications and other goods from CannaDash;

3.2.3 send, upload or transmit any illegal information or material, offensive material, viruses, worms, spyware or other similar codes via the Website;

3.2.4 use the Website to cause harm, offense, loss or damage of any kind to any other person;

3.2.5 use the Website in any way that will infringe any third party’s rights;

3.2.6 do anything which will or might affect, cause damage to, disrupt or interfere with the operation and system of the Website;

3.2.7 attempt to derive the source code of the Website or any part of it or reverse engineer any of the systems or technologies used to create or operate the Website;

3.2.8 copy, reproduce, publish, exploit or use any part of the Website for the purpose of creating or operating an online platform similar to the Website or for any other purpose other than as expressly permitted under these Website Terms and Conditions;

3.2.9 use the Website in a way that might cause damage or loss to CannaDash or affect its brand or reputation;

3.2.10 use the Website for commercial purposes;

3.2.11 violate or breach any of these Website Terms and Conditions or any laws which relate to them;

3.2.12 use the Website in a way that causes or might cause loss or damage to CannaDash; or

3.2.13 allow or assist anyone else to carry out the aforementioned activities.

3.3 You agree to indemnify CannaDash and each of the officers, employees, agents, contractors, suppliers and licensors of CannaDash in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Website Terms and Conditions, or any other default or wrongful conduct in relation to the subject matter of these Website Terms and Conditions, on the part of you or any of your officers, employees, agents, contractors, suppliers and licensors.

4. YOUR OBLIGATIONS

4.1 You agree that you will comply with the following obligations when using or accessing the Website:

4.1.1 you will comply with these Website Terms and Conditions;

4.1.2 you will comply with any reasonable requests from CannaDash from time to time;

4.1.3 you will provide CannaDash with all necessary information as requested from time to time;

4.1.4 you will comply with any applicable law, regulation or generally accepted practices or guidelines when accessing and using the Website and purchasing goods from CannaDash; and

4.1.5 you will be solely responsible for the protection of your user account login details and you will not disclose these to any other person or party.

4.2 You warrant that:

4.2.1 you will only create a user account to purchase prescribed medications and other products from CannaDash;

4.2.2 you will not act fraudulently or unlawfully to purchase prescribed medications or other goods from CannaDash; and

4.2.3 any prescription submitted by you or your prescriber to CannaDash is genuine, legitimate, valid and has been strictly prepared for you following consultation with your prescriber.

5. YOUR CONTENT

5.1 When you access or use the Website, you grant CannaDash an unlimited royalty-free perpetual licence to use (in any way) any content you transmit via the Website (including via the Intercom chat system) including, without limitation, any text, audio and or video files, images or pictures in accordance with these Website Terms and Conditions.

5.2 All personal information submitted to the Website by you will be dealt with in accordance with CannaDash’s Privacy Policy.

5.3 You warrant that the content that you upload to the Website:

5.3.1 is true and correct to the extent that it relates to you;

5.3.2 will comply with these Website Terms and Conditions;

5.3.3 will not be illegal or of an unlawful nature;

5.3.4 will not give rise or be capable or resulting in an infringement of any third party’s rights or a legal proceeding; and

5.3.5 has not been subject to any legal proceeding or dispute.

5.4 You agree to indemnify and keep indemnified CannaDash against any claim, loss, damage, costs and/or expenses that CannaDash may suffer or incur in relation to or arising out of the content you upload to the Website.

5.5 CannaDash reserves the right, and you acknowledge CannaDash’s right, to remove or alter any content that you submit to the Website.

6. PURCHASES AND PAYMENT

6.1 When you purchase a product from CannaDash via the Website (“Order”), it is your responsibility to ensure all details in relation to your Order are correct.

6.2 CannaDash will not commence the preparation of your Order until:

6.2.1 it has received a valid script for any prescribed medications you have ordered;

6.2.2 your Order has been reviewed and accepted by CannaDash;

6.2.3 the dispensing pharmacist has considered all legal requirements and the clinical appropriateness of the potential supply to you; and

6.2.4 it has received full payment (including GST) for your Order (including shipping fees).

6.3 The prices for products provided by CannaDash will be displayed on its Website at the time of your purchase. We may change the price of any product from time to time and up to the time that you confirm your purchase.

6.4 Unless otherwise expressly stated, all amounts payable through your use of this Website are expressed to be inclusive of GST. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

6.5 Acceptance of each Order by you will take place when CannaDash ships the requested products to your nominated shipping address and, specifically, at the time at which the items are despatched by CannaDash. At this time of despatch, title to and the risk in the products will pass from CannaDash to you. CannaDash will provide written notification to you when your Order has been shipped. CannaDash will have no liability in relation to your Order after acceptance has occurred under this Clause (i.e. after your Order has been despatched).

6.6 CannaDash will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorized manner by any person other than CannaDash.

7. CANCELLATIONS AND REFUNDS

7.1 CannaDash may, at its sole and total discretion:

• 7.1.1 refuse or decline any Order made by you via the Website; or
• 7.1.2 cancel your Order or any part of your Order prior to it being despatched by CannaDash to your nominated shipping address.

7.2 If CannaDash cancels your Order, you agree that you will only be entitled to a refund of the monies you paid to CannaDash for your Order and you will not be able to make any other claim (of any type of nature) for the cancellation by CannaDash.

7.3 CannaDash will not accept the return of or provide a refund for any medicines provided including prescription and non-prescription items. If you have a question regarding your supplied medication or would like to register a complaint regarding a product or delivery, please contact CannaDash on 1300 085 024 or at di********@***********om.au . If a particular medicinal product does not meet your expectation or you are unable to continue its use, please contact your prescribing doctor for a review.

7.4 CannaDash will not provide a refund or exchange based on a change of mind.

7.5 CannaDash may provide a refund or exchange on products other than medicines if the product is faulty, unsafe, misrepresented or unable to be used.

8. SHIPPING

8.1 CannaDash will arrange to have your Order delivered to your nominated shipping address via Australia Post. We recommend that you review Australia Post’s General Terms and Conditions (November 2023) or contact Australia Post if you have any queries or concerns in relation to the delivery of your product(s).

8.2 Shipping fees will be additional to the price paid for the products that you purchase from CannaDash.

8.3 CannaDash will not deliver any products outside of Australia.

8.4 As title to and the risk in the products will pass from CannaDash to you at the time CannaDash despatches the products (see Clause 6.5 above), you will be responsible for any claim to Australia Post for any type of compensation as a result of any loss and damage to a product that occurs after the time of despatch from CannaDash. You agree that CannaDash will have no liability or responsibility in relation to any loss or damage to a product after despatch from CannaDash and you release CannaDash from any claim you may have against it in relation to any loss or damage to a product after it has been despatched by CannaDash.

8.5 Please contact Australia Post if you have any queries or concerns in relation to the delivery of your product(s).

9. INTELLECTUAL PROPERTY

9.1 CannaDash owns the Website and all of the contents of and intellectual property relating to the Website which includes all intellectual property rights in the text, information, graphics, logos, business/trading names, design, layout, downloads, pricing, software, products and services provided by CannaDash.

9.2 Nothing in these Website Terms and Conditions or your use of the Website has the effect of transferring, assigning, licensing or otherwise transmitting any of CannaDash’s intellectual property to you.

9.3 You may not, without the prior written permission of CannaDash (and the consent of any other third-party owner) broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the CannaDash’s intellectual property or third-party content for any purpose.

9.4 You agree to indemnify and keep indemnified CannaDash against any claim, loss, damage, costs and/or expenses that CannaDash may suffer or incur in relation to or arising out of any breach by you of CannaDash’s intellectual property rights.

10. COOKIES

10.1 As part of the normal operation of this Website, your internet browser will be sent a “cookie” or “cookies” (a temporary internet file). This cookie enhances the Website’s functionality with features such as account login and electronic ordering. By itself, this cookie can only identify your computer to CannaDash’s server and allows us to track your use of the Website. It is not used to identify you personally.

10.2 In some instances, cookies may collect and store personal information about you. Such personal information will only be used by CannaDash in accordance with these Website Terms and Conditions.

11. LIABILITY AND DISCLAIMER

11.1 To the maximum extent permitted by law, CannaDash (including its officers, employees, agents, consultants, licensors, partners and affiliates) will not be liable to any person or entity (including you) for any direct, indirect, consequential or other loss or damage (however caused, including due to negligence) which may arise out of, or in connection with:

• 11.1.1 these Website Terms and Conditions;
• 11.1.2 your use of the Website;
• 11.1.3 your use of any product or good that you purchase from CannaDash;
• 11.1.4 the use or reliance on information, including any publication, contained on or linked to from this Website; or
• 11.1.5 the contents of any website referred to on, or linked to from this Website.

11.2 CannaDash does not provide any warranty in relation to your use of this Website or as to the currency, completeness or accuracy of the information contained on this Website.

11.3 CannaDash does not warrant that:

• 11.3.1 this Website is fit for your intended purpose;
• 11.3.2 this Website will be free from errors, viruses or other harmful elements;
• 11.3.3 this Website will be accessible at all times;
• 11.3.4 this Website will be able to satisfy all of your needs and requirements;
• 11.3.5 the quality of any goods, services, products, information or other material purchased or obtained through this site will meet any particular requirements or expectations; and
• 11.3.6 medications provided on prescription will be free of side effects or potentially cause harm if used inappropriately or for unintended purposes.

11.4 Nothing in these Website Terms and Conditions limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law, which by law may not be limited or excluded.

11.5 If any law implies a condition or warranty into these Website Terms and Conditions which cannot lawfully be excluded then, to the maximum extent permitted by law, our liability for any breach of such implied term will be limited to the supply of the relevant service or goods again or the payment of the cost of having that service re-supplied.

11.6 You agree to release CannaDash (including its officers, employees, agents, consultants, licensors, partners and affiliates) from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person.

11.7 You agree to indemnify and keep CannaDash (including its officers, employees, agents, consultants, licensors, partners and affiliates) indemnified against any claim, loss, damage, costs and/or expenses you may suffer or incur in relation to your use of any product, service or good you purchase from CannaDash via this Website.

12. PRIVACY POLICY

CannaDash’s Privacy Policy forms part of these Website Terms and Conditions. By accessing the Website, you agree to CannaDash’s Privacy Policy. A copy of the Privacy Policy can be found here.

13. COMPLAINTS

13.1 If you have a complaint in relation to use of the Website, you may contact us via email at di********@***********om.au.

13.2 In relation to complaints against CannaDash:

• 13.2.1 you must notify us of the details of the complaint as soon as possible;
• 13.2.2 a representative of CannaDash will contact you to discuss your complaint;
• 13.2.3 if your complaint is not resolved in your discussion with a CannaDash representative, the matter may, by written agreement between the parties, be referred for mediation to an independent third party as agreed between the parties or, in the absence of agreement, an independent party selected by the Queensland Law Society. The parties will share the costs of engaging the expert equally.
• 13.2.4 If the parties do not agree to refer the matter to mediation under Clause 13.2.3, you may proceed with your complaint to the relevant authority, depending on the nature of the complaint.

14. GOVERNING LAW

The laws of Australia govern these Website Terms and Conditions, as applicable, and you agree to submit to those laws and their exclusive jurisdiction, including the courts of Queensland in Australia, in your use of this Website and these Website Terms and Conditions.

15. SEVERABILITY

If any of these Website Terms and Conditions are held to be invalid or unenforceable, then the validity and enforceability of the remaining Website Terms and Conditions will not be impacted.

16. FORCE MAJEURE

To the extent permitted by law, CannaDash will not be liable for any failure to observe or perform any of our obligations for any reason or cause which could not, with reasonable diligence, be controlled or prevented by us. These causes include acts of God, acts of nature, pandemics, acts or omissions of government or their agencies, strikes or other industrial action, fire, flood, storm, riots, power shortages or failures, sudden and unexpected system failure or disruption by war or sabotage, and other acts or omissions of third parties.

17. CONTACT

Please contact us at di********@***********om.au. If you have any queries with respect to these Website Terms and Conditions.