TERMS AND CONDITIONS:
Website Use & Sales and Purchases
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 dispensary@cannadash.com.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 dispensary@cannadash.com.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 dispensary@cannadash.com.au. If you have any queries with respect to these Website Terms and Conditions.
CannaDash – Sale and Purchase Terms and Conditions
1. Agreement
1.1. The terms and conditions on this page constitute a binding agreement (“Agreement”) between Cameron Foote, JS Pharmacy Pty Ltd ACN 662 063 916 and Gary McGraw trading as CannaDash (“CannaDash”) and the Customer (‘you’) and with respect to your purchase of the Goods from CannaDash.
1.2. You acknowledge and agree that you have read, understood and have had the opportunity to obtain legal advice in relation to the terms and conditions of this Agreement.
1.3. You accept and agree to the terms and conditions of this Agreement by performing one or more of the following actions: 1.3.1. clicking ‘I have read agree to the Website Use and Sale and Purchase terms and conditions’ when making a purchase or submitting a prescription; or
1.3.2. paying the Purchase Monies to CannaDash.
2. Definitions
2.1. Unless the contrary intention appears, these meanings apply in this Agreement:
2.1.1.Agreement means this agreement between CannaDash and the Customer in relation to the Customer’s purchase of the Goods from CannaDash;
2.1.2. Business Day means any day that is not a Saturday, Sunday or gazetted public holiday in Queensland;
2.1.3. CannaDash Website means this website owned and operated by CannaDash;
2.1.4.Claim includes any allegation, debt, action, cost, impost, liability, claim, dispute, difference, complaint, proceeding, suit or demand of any nature howsoever arising and whether present or future, fixed or unascertained, actual or contingent, whether at law or in equity and whether in contract, tort, under statute or otherwise;
2.1.5.Confidential Information means:
2.1.5.1. the terms of this Agreement and its subject matter, including Information submitted or disclosed by a party during negotiations, discussions and meetings relating to this Agreement;
2.1.5.2. information that at the time of disclosure by a disclosing party is identified to the receiving party as being confidential; and
2.1.5.3. all other Information belonging or relating to a disclosing party that is not generally available to the public at the time of disclosure other than by reason of a breach of this Agreement or which the receiving party knows, or ought reasonably to be expected to know, is confidential to the disclosing party.
2.1.6. Customer means the individual purchasing the Goods from CannaDash (‘you’);
2.1.7.Customer Postal Address means the postal address that the Customer nominates and inputs on the CannaDash Website for the Goods to be delivered to;
2.1.8.Good means the Prescribed Medication or other product that the Customer has agreed to purchase from CannaDash via the CannaDash Website;
2.1.9.Intellectual Property Rights means all intellectual and industrial property rights of whatever nature (whether or not registered or registrable) including, but not limited to:
2.1.9.1. all technical information, know-how, trade and service marks, copyright, designs, patents, patent applications, technical data, formulae, computer programs, logos, drawings, inventions, discoveries, research developments, improvements, trade secrets, telephone numbers, domain names, rights in circuit layouts and rights in data bases;
2.1.9.2. any application or right to apply for registration of any of the rights in Clause 2.1.9.1 and all renewals and extensions of those rights; and
2.1.9.3. the right to have Confidential Information kept confidential.
2.1.10. Loss means any debt or other monetary liability (including for tax) or penalty, fine or payment or any damages, losses, costs (including legal costs on an indemnity basis), charges, outgoings or expenses of whatever description (including interest) however arising and whether present, unascertained, immediate, future or contingent;
2.1.11. Prescribed Medication means any medication that the Customer purchases from CannaDash pursuant to a valid script;
2.1.12. Purchase Price means the purchase price payable for the Goods as advertised on the CannaDash Website;
2.1.13. Time of Despatch means the time at which the Goods leave the CannaDash premises for delivery by Australia Post to the Customer Postal Address.
2.2. Unless the contrary intention appears, in this Agreement:
2.2.1. words or expressions used in this document, which are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth), have the same meaning in this document;
2.2.2.headings are for ease of reference and do not affect the meaning of this document;
2.2.3.the singular includes the plural and vice versa and a gender includes another gender;
2.2.4.other grammatical forms of defined words have corresponding meanings;
2.2.5.a reference to this document includes any schedule or annexure;
2.2.6.a reference to this document or any other document includes a reference to it as novated, altered or replaced;
2.2.7.a reference to anything is a reference to the whole and each part of it;
2.2.8.a reference to a party includes a reference to that party’s executors, administrators, successors and permitted assigns;
2.2.9.words importing natural persons include partnerships, bodies corporate, associations, governments and governmental and local authorities and agencies;
2.2.10. a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
2.2.11. an agreement, representation, covenant or warranty in favour of two or more persons is in favour of them jointly and severally;
2.2.12. an agreement, representation or warranty made by two or more persons binds them jointly and severally; and
2.2.13. including (in any form) or such as when introducing a list of items does not limit the meaning of the word to which the list relates to those items or to items of a similar kind.
3. Sale and Purchase
3.1. In consideration of the you paying the Purchase Price, CannaDash agrees to sell and you agree to buy the Goods in accordance with the terms of this Agreement. 3.2. You agree to pay the Purchase Price for the Goods to in accordance with Clause 4 of this Agreement.
3.3. You agree that you will be legally bound by the terms and conditions in this Agreement with respect to the purchase of the Goods.
4. Payment of Purchase Price
4.1. You agree to pay the Purchase Price (including GST) in full using the nominated payment method at checkout.
4.2. In addition to the Purchase Price, you will be required to pay the displayed shipping fees that are applicable to your purchase of the Goods.
4.3. If your payment is declined, fails to be processed or if you are unable to make successful payment for any other reason, the Goods will not be supplied by CannaDash to you and this Agreement will come to an end.
4.4. CannaDash will not be responsible or liable for any Loss or damage that you suffer in the process of making payment of the Purchase Price via the CannaDash Website.
4.5. Paying the Purchase Price to CannaDash does not guarantee that CannaDash will supply you with the Goods (see Clause 5 below).
5. Acceptance of purchase by CannaDash
5.1. Your purchase of the Goods is subject to and conditional upon CannaDash accepting and approving your purchase.
5.2. CannaDash will not commence preparing the Goods for despatch until such time that:
5.2.1. it has received a valid script for any Prescription Medication that you have ordered;
5.2.2. your purchase of the Goods has been reviewed and accepted by CannaDash;
5.2.3.the dispensing pharmacist has considered all legal requirements and the clinical appropriateness of the potential supply to you; and
5.2.4.it has received full payment from you of the Purchase Price (including GST) and applicable shipping fees.
5.3. CannaDash may, at its total and sole discretion, reject or cancel your purchase of the Goods after you have made payment of the Purchase Price to CannaDash. In these circumstances, you will receive a full refund of the Purchase Price for the relevant Good(s) in accordance with the terms set out in Clause 10 below.
5.4. Under the Drug Misuse Act 1986 (Qld), it is a criminal offence for any person to knowingly obtain, or attempt to obtain, a prohibited drug from a medical practitioner, nurse practitioner, or pharmacist by giving any false representation, whether verbally, in writing or via a web form. In this regard, CannaDash reserves the right to reject any purchase or prescription if CannaDash believes this legislation is being breached and report you to the appropriate authority.
6. Title and risk
6.1. The legal title to and risk in the Goods will immediately pass from CannaDash to you at the Time of Despatch.
6.2. You agree that, at the Time of Despatch, you will:
6.2.1. become the legal owner of the Goods;
6.2.2.assume all risk in and associated with the Goods including, without limitation, the risk of damage to and loss of the Goods;
6.2.3.CannaDash will no longer have any responsibility or liability with respect to the Goods.
7. Customer obligations
7.1. You should:
7.1.1. immediately stop using a Good if you begin to encounter any unusual or unintended side effects;
7.1.2.immediately consult with your prescribing doctor if you feel unwell after using any Good;
7.1.3.only use the Prescription Medication in accordance with the advice from your prescribing doctor, the pharmacist and the directions on the label and/or packaging of the Prescription Medication; and
7.1.4. if the use of a Good requires a specific device for administration, then only use that device as approved by the manufacturer.
8. Shipping
8.1. CannaDash will arrange to have the Goods delivered by Australia Post to the Customer Postal Address via Australia Post.
8.2. Australia Post is a third-party delivery provider and, as such, CannaDash cannot and will not be liable for any Loss or damage resulting from the conduct, actions or omissions from Australia Post. You should 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 the Goods.
8.3. Shipping fees will be additional to the Purchase Price that is payable by you for the Goods.
8.4. CannaDash will not deliver any Goods outside of Australia.
8.5. As title to and the risk in the Goods will immediately pass from CannaDash to you at the Time of Despatch, you will be responsible for any claim to Australia Post for any type of compensation as a result of any Loss or damage to a Good that occurs after the Time of Despatch.
8.6. You acknowledge and agree that:
8.6.1.CannaDash will have no liability or responsibility in relation to any Loss or damage to any Goods after the Time of Despatch and you forever release CannaDash from any Claim you may have against CannaDash in relation to any Loss or damage to any Goods after the Time of Despatch; and
8.6.2.you must contact Australia Post directly in relation to any concern, issue or query in relation to the Goods.
9. Cancellation
9.1. CannaDash may, at its sole and total discretion:
9.1.1.refuse or decline your purchase of the Goods; and
9.1.2.cancel your purchase of the Goods or any part of your purchase of the Goods at any time prior to the Time of Despatch.
9.2. If CannaDash cancels your purchase of any Goods prior to the Time of Despatch, you agree that you will only be entitled to a refund of the Purchase Price for the relevant
Good and you will not be able to make any Claim (of any type of nature) for the cancellation by CannaDash.
10. Refunds and returns
10.1. CannaDash complies with provisions of the Australian Consumer Law with respect to refunds.
10.2. CannaDash will provide you with a refund of the Purchase Price for any Good with respect to which CannaDash cancels the purchase prior to the Time of Despatch.
10.3. To the extent permissible by law, CannaDash will not:
10.3.1. provide a refund for a Prescribed Medication or other non-prescription medicine after the Time of Despatch;
10.3.2. 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 dispensary@cannadash.com.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;
10.4. CannaDash may provide a refund or exchange of a Good that is not a Prescribed Medication if it is proven that the Good is faulty, unsafe, misrepresented or unable to be used.
10.5. CannaDash will not provide you with a refund or exchange if:
10.5.1. you have changed your mind in relation to the purchase of a Good;
10.5.2. you do not receive the Goods after they have been despatched from the CannaDash premises; or
10.5.3. the Goods are damaged or lost during the period between the Time of Despatch and when the Goods are delivered to the Customer Postal Address.
10.6. If you request for a refund, you must do so in writing and provide to CannaDash a copy of the receipt for the purchase of the Goods.
10.7. If your refund is approved by CannaDash, it can take up to fourteen (14) days to be completed.
11. Limitation of liability
11.1. Nothing in Agreement 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.
11.2. To the maximum extent permitted by law, CannaDash will not be liable to you or any other person for any Loss or damages which may arise out of, or in connection with:
11.2.1. this Agreement;
11.2.2. your purchase of the Goods;
11.2.3. your use of the Goods;
11.2.4. the delivery of the Goods by Australia Post;
11.2.5. any health related condition or injury that you suffers as a result of your use of the Goods (including any Prescribed Medication);
11.2.6. your use of the CannaDash Wesbite;
11.2.7. your payment of the Purchase Price;
11.3. CannaDash does not warrant that:
11.3.1. the quality of the Goods you purchase from CannaDash will meet any particular requirements or expectations;
11.3.2. if purchased by you, the Prescription Medication will be free of side effects or will not cause harm if used inappropriately or for unintended purposes; and
11.3.3. that a particular result will be achieved, from use of or in connection with the Goods.
11.4. If any law implies a condition or warranty into this Agreement 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, at the election of CannaDash, the supply of the relevant Goods again or the payment of the cost of having those Goods re-supplied.
11.5. You agree to:
11.5.1. forever release CannaDash (including its officers, employees, agents, consultants, licensors, partners and affiliates) from any Claim you may have against CannaDash in relation to your purchase and use of the Goods;
11.5.2. indemnify and keep CannaDash (including its officers, employees, agents, consultants, licensors, partners and affiliates) indemnified against any Claim, Loss, damage, costs and/or expenses it may suffer or incur in relation to your purchase and use of the Goods; and
11.5.3. 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 any third party’s use of the Goods.
12. Intellectual Property
12.1. CannaDash retains all Intellectual Property Rights in the Goods and the CannaDash Wesbite unless otherwise disclosed and no such material may be reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use by you without the
prior written consent of the CannaDash (which may be withheld in CannaDash’s sole discretion).
12.2. 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 in the CannaDash business, the CannaDash Website or the Goods.
12.3. You acknowledge that CannaDash may suffer Loss and damage if any unauthorised act occurs in relation to the Intellectual Property Rights of CannaDash and that monetary damages would be an insufficient remedy at that time, and that in addition to any other remedy available at law or in equity, CannaDash is entitled to injunctive relief to prevent a breach of, and to compel performance of, this Clause 12.
13. Confidential Information
13.1. You agree to keep confidential and not use of disclose other than as permitted by this Agreement any Confidential Information of CannaDash provided to or obtained by you before or after entry into this Agreement. 13.2. The obligations of confidence in Clause 13.1 do not apply to Confidential Information:
13.2.1. that is required to be disclosed by applicable law, or under compulsion of law by a court or government agency or by the rules of any relevant stock exchange or regulator, as long as the disclosing party:
13.2.1.1. discloses the minimum amount of Confidential Information required to satisfy the law or rules; and
13.2.1.2. before disclosing any information, gives a reasonable amount of written notice to the other party and takes all reasonable steps (whether required by the other party or not) to maintain that Confidential Information in confidence;
13.2.2. that is in the public domain except as a result of a breach of this Agreement or other obligation of confidence;
13.2.3. that is already known by, or rightfully received, or independently developed, by the recipient of that Confidential Information free of any obligation of confidence;
13.3. Each party may use and disclose Confidential Information of the other party only:
13.3.1. with the prior written consent of the other party;
13.3.2. to that party’s directors, agents, professional advisors, employees, contractors and permitted sub-contractors solely for the exercise of rights or the performance of obligations under this Agreement; or
13.3.3. if CannaDash complies with the Australian Privacy Act 1988 (Cth) and will communicate notifiable data breaches to you as required under the Act. 13.4. If either party discloses Confidential Information under Clause 13.3, that party must ensure that the information is kept confidential by the person to whom it is disclosed and is only used for the purposes of performing the obligations under this Agreement.
13.5. Each party acknowledges that:
13.5.1. the other party may suffer Loss and damage if any unauthorised act occurs in relation to Confidential Information of the other party, and that monetary damages would be an insufficient remedy at that time;
13.5.2. in addition to any other remedy available at law or in equity, the other party is entitled to injunctive relief to prevent a breach of, and to compel specific performance of Clause 13.1; and 13.5.3. the provisions of this Clause 13 survive the termination of this Agreement.
14. Warranties
14.1. You represent and warrant that:
14.1.1. you have the power to enter into and perform your obligations under this Agreement and to carry out the transactions contemplated by this agreement;
14.1.2. this Agreement is valid, binding and enforceable against it in accordance with its terms;
14.1.3. all information provided by you to CannaDash is accurate and is not by omission or otherwise misleading;
14.1.4. you have not withheld CannaDash information or other fact material to the decision of CannaDash to enter into this Agreement and approve the supply of the Goods to you;
14.1.5. you do not rely on any representation made to you by CannaDash or any related body corporate of CannaDash (if any) before entry into this Agreement.
14.2. You further warrant and represent that:
14.2.1. you have attended a consultation with your prescribing doctor with respect to your use of the Prescribed Medication;
14.2.2. any prescription submitted by you or your prescribing doctor to CannaDash is genuine, legitimate, valid and has been strictly prepared for you following consultation with its prescribing doctor;
14.2.3. you are not purchasing the Goods on behalf of or for use by another party; and
14.2.4. you intend to use the Prescribed Medication as prescribed by your doctor, directed by your pharmacist and in accordance with the manufacturer’s direction.
14.3. You acknowledge that CannaDash is relying on the representations and warranties of the you made in the above Clauses 14.1 and 14.2 in entering into this Agreement.
14.4. You acknowledges and agree that the sale of the Goods to you does not constitute medical advice and such medical advice should be obtained from your prescribing doctor.
14.5. You agree to indemnify and keep indemnified CannaDash from all Loss which CannaDash may suffer or incur by reason of any of your warranties being untrue or inaccurate in any respect.
15. Indemnity
15.1. You are liable for and indemnify CannaDash against all Loss or damage (including legal costs) incurred or suffered by CannaDash in connection with any breach of this Agreement by you. 15.2. The indemnity under Clause 15.1:
15.2.1. applies to the extent that such Loss or damage is attributable to you; and
15.2.2. does not apply to the extent that such Loss or damage is attributable to any act or omission of CannaDash.
15.3. Each indemnity in this Agreement is a continuing obligation notwithstanding:
15.3.1. any settlement of account;
15.3.2. the occurrence of any other thing; or
15.3.3. termination of this Agreement, and it is not necessary for CannaDash to incur expense or make payment before enforcing or making a claim under an indemnity.
16. Dispute resolution
16.1. In case of a dispute between the parties in relation to this Agreement:
16.1.1. a party must notify the other party in writing of its concern or issue as soon as possible; 16.1.2. within 10 Business Days of the notification referred to in Clause 16.1.1, the party must meet in person or via virtual means to attempt to resolve the dispute between themselves;
16.1.3. if the matter is not resolved after the meeting between the parties, the matter will be referred 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;
16.1.4. the parties will be bound by the decision of the selected expert with respect to the dispute; and
16.1.5. the parties will share the costs of engaging the expert equally.
17. Governing law
The laws of in Queensland govern this Agreement, as applicable, and you agree to submit to those laws and their exclusive jurisdiction, including the courts of Queensland in Australia.
18. Force Majeure
To the extent permitted by law, CannaDash we 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.
19. Severability
If any of the terms of this Agreement are held to be invalid or unenforceable, then the validity and enforceability of the remaining terms will not be impacted.