Terms and Conditions

Legal Terms of Use

This website is owned and provided by Medical Cannabis Clinic Pty Ltd  (ABN 88 604 012 268 hereinafter referred to as ‘MCCA’).

Access to this website

Access to and use of this website is subject to the following terms and conditions. By using this website, you agree to be bound by these terms and conditions. MCCA reserves the right to amend these terms and conditions at any time, without notice to you, to reflect the current range of products and policies. You should regularly check the Legal Terms of Use before using the website to keep informed of any changes to the terms and conditions.

Information on this website

This website is intended to provide information to Australian and New Zealand users and complies with the laws and regulations of New South Wales and the Commonwealth of Australia. MCCA reserves the right to limit or refuse the supply of products to any person, geographic region or jurisdiction. If a product is prohibited in any jurisdiction, the product offered shall not be offered in that jurisdiction.

Nothing in this website should be interpreted as promoting any product that is not authorised under the laws and regulations of New South Wales and the Commonwealth of Australia or the country where you are located. If advice or recommendations are given, these should be understood as non-binding.

Restrictions on Use

You agree that you will:

• use this website in accordance with these terms and conditions and will not use this website for any unlawful purpose;

• only use this website for your personal and non-commercial use; and

• not violate or attempt to violate the security of the website, nor violate any right of MCCA.

By accessing or using this website, you will be deemed to have read, understood and accepted the terms and conditions of this Legal Terms of Use.

Your use of this website does not constitute a binding agreement to purchase MCCA’s product and services. In addition to these terms and conditions, specific conditions may apply to some of the products which MCCA supplies. These will be brought to your attention at the time MCCA supplies the particular products to you.

Branding

All intellectual property rights in any material or content displayed on this website, including, without limitation, trademarks, logos and trade names, belong to MCCA, its affiliates, or licensors, and are used with MCCA’s permission. This applies to all trademarks displayed on this website, whether or not appearing with the trademark symbol (™). Nothing on this website should be construed as granting any right or licence to use any trademark displayed on this website without the prior written permission of MCCA, its affiliates or licensors.

Copyright

All text, advertising material, images, graphics, audio and other content on this website are copyright and are presented solely for your personal and non-commercial use. Other than viewing and downloading content from the website for such purposes, you do not have the right to duplicate, distribute, alter or use alternatively, these intellectual property rights without MCCA’s written permission.

Hyperlinks

Any third party reference to any website of MCCA via hyperlink is only permitted with the prior approval of MCCA. MCCA makes no representations or warranties regarding any content published by third parties referring, by hyperlink, to MCCA’s websites.

For the convenience of visitors to this website, MCCA may provide hyperlinks to other websites. By providing such hyperlinks, MCCA in no way represents that it has approved the content of those websites, and is neither responsible for the content of such websites nor liable for any damage or injury resulting from reliance on such content.

Forward Looking Statements

This website may include forward-looking statements. These statements are based on the reasonable beliefs of MCCA’s management as well as assumptions made by and information currently available to MCCA. Many factors that MCCA is unable to predict with accuracy could cause MCCA’s actual results, performance or achievements to be materially different from those that may be expressed or implied by such forward-looking statements. These factors include: the ability of MCCA to launch new products, regulatory requirements, the sales and marketing methods used by MCCA to distribute its products, and the composition of MCCAs’ product portfolio.

Warranties and Representations

The MCCA website and the information, names, images, pictures, logos and icons relating to it and its products, are provided “as is” and on an “is available” basis.

MCCA makes no warranties or representations as to:

• the continued availability of this website;

• the accuracy, reliability or completeness of its contents;

• the currency of the content of the website;

• the results that can be gained from the use of MCCA‘s products; and

• the safety of the website or the server from computer viruses or malicious bugs.

Except for any implied condition, warranty, representation, or consumer guarantee, the exclusion of which would contravene any statute or cause this provision to be void (non-excludable condition), and to the extent permitted by law, MCCA makes no express or implied warranties to you and expressly excludes all warranties, representations, conditions, terms and guarantees implied by statute, general law, international convention or custom, including, without limitation, any and all implied warranties with respect to acceptable quality, fitness for disclosed purpose, title and non-infringement.

Medical Cannabis Clinic of Australia (MCCA) does not claim that any of its products are infallible or unfailing, nor does MCCA claim that all products will work in all cases of any specific condition. Inappropriate use may be harmful, use only as directed.
MCCA intends for its products to be used as an adjunct to other treatments and not an alternative.

Nothing contained in this website shall be construed as conferring by implication, estoppel or otherwise any licence or right under any trademark or copyright of MCCA or any other third party.

User Participation

You may transmit or submit on this website, your own personal comments, videos, photos and testimonials of product usage as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, injurious to third parties or otherwise objectionable and does not consist of or contain computer viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You must not submit a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content.

MCCA may monitor or review all communications and materials created and transmitted or submitted by users accessing this website. In addition, MCCA has sole discretion on whether to upload the submitted content onto its website for public viewing.

Whilst it is not in any way responsible for the content of these communications and materials, MCCA reserves the right to block or remove communications or materials that it determines are:

• abusive, defamatory, or obscene;

• false, misleading or deceptive;

• in violation of a copyright, trademark or other intellectual property right of another;

• in violation of any law or regulation; or

• offensive or otherwise unacceptable to MCCA at its sole discretion.

Note that any personally identifiable information that you post or submit will be treated in accordance with MCCA’s Privacy Policy .

MCCA will not be liable for the content of any communications posted by you, whether or not arising under the laws of copyright, trademarks, defamation, privacy, consumer protection, or otherwise.

Rights to User Submissions

If you transmit or submit material to this website in accordance with clause 9 (collectively “Submissions”), you grant MCCA a nonexclusive, royalty-free, perpetual, irrevocable and transferrable licence and right to use, reproduce, disclose, modify, adapt, publish, translate, assign, create derivative works from, distribute, display, exercise all copyright and publicity rights and otherwise use such content, data, images, sounds, text, and other things embodied therein for any and all advertising and marketing purposes as it sees fit, throughout the world in any media subject to MCCA’s Privacy Policy and not for any other purpose unless permitted by you.

Except for any personally identifiable information MCCA may collect from you in accordance with MCCA’s Privacy Policy, any material, information or other communication you transmit, upload or post to this website will be considered non-confidential and non-proprietary.

You grant MCCA the right to use the name that you submit in connection with such content. You represent and warrant:

• that the content is true and accurate;

• that you own or otherwise control the rights to your Submission;

• that use of the content you supply does not violate this policy;

• that it does not infringe any third party’s intellectual property and will not cause injury to any person or entity; and

• that your Submission does not constitute or contain software viruses, commercial solicitation, political campaigning, chain letters, mass mailings, or any form of “spam.”

You agree to fully indemnify MCCA for all claims arising from or in connection with your breach of any of the above warranties relating to your Submissions. MCCA takes no responsibility and assumes no liability for any content posted by you or any third party.

You also acknowledge that your Submission may not be returned and will be kept on file.

If you do not wish to grant such rights to MCCA, it is suggested that you do not post, transmit, upload or submit any Submissions to this website.

Limitation of Liability

Except as provided by law pursuant to a non-excludable condition, MCCA will not be liable for any loss or damage suffered in connection with your use, or loss of use, of this website. To the extent permitted by law, if your use of this website relates to the purchase of any MCCA product:

• MCCA’S liability for breach of any non-excludable condition will be limited at its option to supply the product again or payment of the cost of supplying the product again;

• otherwise, its liability to you for any loss or damage at law shall not exceed the total amount MCCA actually received from you for the product which gave rise to the loss or damage; and

• MCCA will not be liable in any event for any consequential, indirect, incidental, special, punitive or exemplary damages, or any loss of profits or loss or corruption of data, damage to a computer system, loss of anticipated savings, loss of goodwill or economic loss, even if MCCA has been advised of the possibility of such loss or damage.

You agree that MCCA’S liability to you at law will be reduced by the extent to which you contributed to any loss incurred by you.

MCCA’S failure to require your performance of any terms and conditions of this Legal Terms of Use shall not affect its full right to require such performance at any time thereafter, nor shall its waiver of a breach of any of these terms and conditions be taken or held to be a waiver of future breaches of these terms and conditions. No failure to exercise and no delay by MCCA in exercising any right, remedy, power or privilege under these terms and conditions and no course of dealing, shall be construed or operate as a waiver of these terms and conditions.

Sale of Products

Eligibility to purchase

To be eligible to purchase goods on this website and to lawfully enter into and form contracts on this website under Australian law you must be the owner of a valid debit or credit card and must be in possession of a valid prescription for the goods on our website from one of our Australian registered medical practitioner. For further information about obtaining a prescription, please visit How to Qualify for a Prescription.

Product Range

• Products displayed on MCCA’S website may not be available or be as described. MCCA will use its best endeavours to ensure that product details, descriptions, images and prices appearing on its website are correct at the time the relevant information was entered onto the system. However, to the extent permitted by law, MCCA does not warrant that the product descriptions, colours or other content available on the website are accurate, complete, reliable, current, or error-free.

Prices

• All prices indicated for products available via this website are in Australian dollars inclusive of GST (where applicable) and are exclusive of delivery charges. The total cost of your order is the price of the products ordered and delivery charges as set out in the FAQ section of this website.

Personal Use

• The products available on this website, and any product samples which are provided to you, are for your personal use only. You must not sell or resell any of the products, or product samples, that you purchase or otherwise receive from us. Please note that product samples are subject to availability.

Placing an Order

• The MCCA website will contain instructions which will guide you through the process of placing an order. You will be offered the opportunity to review your proposed order and confirm or correct it prior to finally placing your order. Once you have placed your order, MCCA will send to you an email acknowledgement providing you with the details and value of your order, which has been debited to your credit or debit card.

Unless MCCA has notified you that it does not accept your order or if you have cancelled your order, the acceptance of your order and the completion of the contract between you and MCCA will take place when MCCA dispatches the goods ordered by you.

If you require any information regarding your order(s) please contact Customer Service on 1300 BUY CAN (open 9am – 5pm, Monday to Friday, excluding public holidays) or you can contact us INFO@MEDICALCANNABISCLINIC.COM.AU

MCCA will not accept your order if:

• you do not have a valid prescription for the item you have ordered;

• an item you have ordered is out of stock;

• it is unable to obtain authorisation for your payment;

• it suspects fraudulent activity or violation of the Legal Terms of Use (including the Privacy Policy); or

• it identifies a product or pricing error.

If MCCA is unable to fulfil your order following acknowledgement of its placement, MCCA will contact you by email advising you of this. See Cancellation.

Payment

• You may pay for any purchase using any of the methods specified in the FAQ section of this website. By purchasing products from our website, you confirm that the credit or debit card that is being used is owned by you. All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, MCCA will not be liable for any delay or non-delivery.

Your Credit Card Verification number (CCV) is requested during the processing of your payment online. This number is only found on the physical card, not on any receipts or imprints from EFTPOS machines. Although this does not guarantee that the card used for the purchase has not been stolen, it does assure us that the person placing the order has the card physically with them at the time of the order, and is therefore an additional security measure.

Cancellation of Order

• If MCCA reasonably believes, in its sole discretion, that the completion of your order may result in a violation of the Legal Terms of Use, MCCA may, with or without notice, cancel or reduce the quantity of your order.

• MCCA notes that on occasion, orders or parts of an order are cancelled by its system for various reasons including: that the item(s) is not available; that there was difficulty in processing payment information; that delivery to the address was not possible; that a duplicate order was placed; or that the order was cancelled on the customer’s request. If your order is cancelled, you will receive an email to explain the reason for the cancellation and the appropriate amount will be refunded via your original payment method.

Please note that because MCCA generally dispatches orders within 2-4 days (excluding weekends and public holidays), it may not be possible to cancel the order prior to its dispatch. In this event, you will have to return your order once you have received it in accordance with the Returns Policy.

Credit Card Charge Back Policy

At Medical Cannabis Clinic Pty Ltd we do not tolerate credit card fraud. No expense will be spared and all fraud without exception will be prosecuted to the full extent of the law. In addition, we will pursue civil legal action seeking any loss of income related to the fraud, including business, legal fees, research costs, employee down time and loss of revenues.

Medical Cannabis Clinic Pty Ltd also considers credit card charge backs to be fraud if you made no reasonable effort to notify us that a problem existed and allow us considerable time to resolve or clarify the or matter.

All frivolous charge backs not only costs our employees time away from our usual and customary matters of conducting normal business, but costs us money, therefore:

YOU AGREE that if you choose to do business with Medical Cannabis Clinic Pty Ltd and file a dispute/claim or charge back with your credit card company for a situation that contradicts our terms & conditions which you agree to when placing your order OR have not allotted us sufficient time to acknowledge, confirm, and research the situation; and as of any result, you do not win the charge back argument or dispute/claim you agree to pay us $200.00 for our time responding to the matter. You authorize us to charge this amount to your credit card. If this charge is rejected, Medical Cannabis Clinic Pty Ltd will peruse legal action to recoup losses for our time associated with responding to the charge back and or dispute/claim in addition to any other fees explained below.

In the event that you win the charge back with your credit card company, and have not returned our products in as new condition, Medical Cannabis Clinic Pty Ltd will attempt to recover fraudulently disputed charges plus additional costs via a third-party collection agency and your account will be reported to all credit bureaus as a delinquent collection account. This may severely damage your credit rating for at least the next seven (7) years. At this point, we will no longer accept a return of the products as settlement of the debt and will only accept payment in full.

Note: The customer must return the products, and must not have use them, before attempting a chargeback.

CEASE AND DESIST

Patient understands and is hereby notified that once a chargeback, dispute/claim or legal action is taken; all communication where it be via email, telephone, internet, or Australian mail and courier services with Medical Cannabis Clinics Pty Ltd will cease and desist.

RIGHT TO REFUSE A Patient

As a side note, management reserves the right to cancel an order and/or issue a refund, and pursue legal action against any customer who is deemed hostile. Hostile customers are those who initiate charge backs or dispute/claims without valid cause (particularly after the receipt of order), threaten/harass staff members in person, over the phone, internet, or email, and those who attempt to slander and/or commits acts of libel against Medical Cannabis Clinics Pty Ltd. and all divisions there under.

We are not interested in legal battles, but we are prepared to take them on when necessary.

LEGAL:

You agree via your conducting business with Medical Cannabis Clinic Pty Ltd that any legal action resulting from any transaction will be guided by the laws of and take place in the MCCA home state of NSW. You agree to reimburse us or any representative we may appoint for any legal expenses your actions may make us incur. We take fraud seriously. If any provision of this Agreement is deemed illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. The waiver of a breach hereunder does not waive any other or subsequent breach.

PLEASE NOTE OUR POLICY ON CHARGEBACK

Customer understands that Company does not tolerate fraudulent charge backs or frivolous disputes/claims and will proceed to collect by any means necessary.
Customer is responsible for charge back fees consisting of attorney’s fees, fees for collection agencies or third party intervention if client fraudulently charges back or does not pay monies owed.
If Customer charges back fraudulently, client will owe charge back fees plus amount owed.
Company will report any outstanding balances to the major credit bureaus as a delinquent collection account.
Company will have the incident reported to anti-fraud databases, which will attempt to prevent any further purchases on the Internet.

Stolen Credit Card Purchases

We log IP strings on all orders – any orders coming back as a chargeback due to fraudulent activities will be diligently pursued through your local jurisdiction for prosecution to the fullest extent of the law.

Delivery policy

Title to Goods

MCCA retains the legal ownership of the goods until the latter of the dispatch of the goods to you or when full payment for the goods is received by us. The legal ownership of the goods will immediately revert to MCCA if it refunds any such payment to you.

Delivery Timeframe

MCCA will deliver the goods in accordance with the delivery option selected by you during the order process. Any delivery times quoted to you are indicative only. Orders may be delivered in one or more parts. To the extent permitted by law, MCCA does not accept any liability whatsoever for delayed delivery caused by any third party.

Risk of Loss

Risk in the goods will pass to you upon delivery to you.

Receipt of Goods

Upon delivery of the goods, you must inspect the goods. You will be deemed to have accepted the goods unless you notify us that you have cancelled the order or if you return the goods in accordance with the Returns Policy in clause 14. If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please contact Customer Services on 1300 BUY CAN (open 9am – 5pm, Monday to Friday, excluding public holidays) or you can contact us at info@medicalcannabisclinic.com.au

Returns Policy

Change of Mind Returns Policy

At MCCA we offer our customers total peace of mind when they shop with us.

If you decide that you do not want an item you have ordered, you may take advantage of our Money Back Guarantee and return it to us for your money back. To do this you must notify us of your intention to return the item you no longer want to info@medicalcannabisclinic.com.au., within 14 days of us dispatching your order to you.

The product must be returned to us in AS NEW condition.

Should you have a change of mind and would like to either exchange the item (subject to our Returns Policy), the return shipping will be at your cost. We recommend registering and taking transit insurance on your return postage to us as items in transit are your responsibility until received back to our premises.

Due to State Health regulations, general medicines and prescriptions including any preparation that is taken via transdermal application or orally are unable to be returned once the product has been opened and no longer in AS NEW condition.

If you have received the wrong order, any item is damaged or your order does not arrive please contact us and we will re-ship the order immediately.

Faulty or Damaged Return Policy

All products purchased from Medical Cannabis Clinic Pty Ltd.,, are covered by transit insurance and are fully guaranteed by us. This ensures your order is received by you in good working order and is able to be used as intended by the manufacturer and / or as specified by us.

In the unlikely event that your order is misplaced or damaged in transit please email our Customer Service team on info@medicalcannabisclinic.com.au and give a full detailed description of the problem / damage, as well as your name, contact number or email and order number. We will then determine how best to resolve your problem with minimum inconvenience to you.

If your package was damaged in shipment by the courier, save the box and the product(s) and notify Customer Service immediately on 1300 BUY CAN (open 9am – 5pm, Monday to Friday, excluding public holidays) or contact us at info@medicalcannabisclinic.com.au

The courier will inspect and pick up the damaged package and the damaged items will be replaced.

Cancellation of Orders

If you wish to cancel an order that has been confirmed by MCCA please contact us as soon as possible on 1300 BUY CAN (open 9am – 5pm, Monday to Friday, excluding public holidays) or info@medicalcannabisclinic.com.au .

Once the order has been dispatched by the pharmacy you will be unable to cancel it. Once received, you will be able to return it to us in original condition for a full refund less shipping fees.

Refund Process

We offer 100% REFUND (or FREE re-send) if you do not receive your order for any reason. The only instance where a refund is not guaranteed is if incorrect contact/shipping address details are provided at the time of ordering, so please always double check your delivery address.

Regrettably, except as required by law, shipping and handling fees are not refundable.

Privacy Policy

The Privacy Policy forms part of these terms and conditions and by agreeing to the Legal Terms of Use, you also agree to the Privacy Policy.

Miscellaneous

The Legal Terms of Use for this website are governed by and construed in accordance with the laws of New South Wales and the laws of the Commonwealth of Australia. In the event that any of the conditions are found to be unenforceable under New South Wales law or the laws of the Commonwealth of Australia, this will not affect the remainder of the terms and conditions.

You acknowledge and agree that this Legal Terms of Use, which includes the Privacy Policy, constitute the complete and exclusive agreement with MCCA concerning your use of or purchases on its website, and supersede and govern all prior proposals, agreements, or other communications.

Medical Cannabis Clinic Pty Ltd., 2015