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 agree’ at the bottom of this Agreement; 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.