Terms & Conditions
This website, located at www.cannatelehealth.com.au(“Website”), is owned and operated by CannaTelehealth a brand of Phenix Health Pty Ltd ABN 22 607 822 266
This Website provides users with online access to medical advice from healthcare providers. CannaTeleHealth does not provide medical diagnosis, treatment, or prescription of any kind. All information provided on this website or in connection with any communications supported by CannaTelehealth, including, without limitation, real-time video or email communications between professionals utilising the website and mobile app and consumers is intended to be for general informational purposes only. CannaTeleHealth is not a substitute for professional medical diagnosis or treatment. Reliance on any information provided by CannaTelehealth or any professionals that utilize CannaTeleHealth at the invitation of CannaTeleHealth is solely at your own risk.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 000.
The Website also contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about CannaTeleHealth, “Content”).
Independence of Specialists and Professionals – The specialists and professionals utilising or featured on the Website are subscribers and licensees to the Website and not employees or independent contractor service providers of CannaTeleHealth. Any opinions, advice, or information expressed by a professional or specialist utilizing or featured on the Website are of the professional and the professional alone. They do not reﬂect the opinions of CannaTeleHealth. CannaTeleHealth does not recommend or endorse any speciﬁc tests, healthcare providers, products, procedures, opinions, or other information that may be mentioned on CannaTeleHealth or by a licensee of CannaTeleHealth.
The inclusion of professionals and specialists on the Website or in any professional directory located on the CannaTeleHealth Website and Apps does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualiﬁcations, or abilities of any professional contained therein. Such information is provided on an “as-is” basis andCannaTeleHealth disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and ﬁtness for particular purpose. CannaTeleHealth shall in no event be liable to you or to anyone for any decision made or action taken by any party (including, without limitation, any user) in reliance on information about professionals and specialists on the website. The use of the Website by any entity or individual to verify the credentials of professionals or specialists is prohibited.
Password Accounts, Passwords, and Security – By registering on the Website, users of the Website (“Users”) can receive access to the password-protected portions of the Website (the “User Portal”). When accessing the User Portal, you are entirely responsible for maintaining the conﬁdentiality of your password and account and for any and all activities that occur under your account. You agree to (a)immediately notify CannaTeleHealth of any unauthorised use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. CannaTeleHealth will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by CannaTeleHealth or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
Limited License and Site Access; All Rights Reserved – CannaTeleHealth hereby grants you a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of CannaTeleHealth (e.g., downloading of PDF forms, applications, etc.). This license does not
include any resale or commercial use of this Website or the Content; any derivative use of this Website or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of CannaTeleHealth. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CannaTeleHealth without CannaTeleHealth’s express written consent. You may not use any meta-tags or any other “hidden text” utilising any of CannaTeleHealth’s name(s) or service marks without the express written consent of their owners. We (or the respective third party owners of Content) retain all right, title, and interest in this Website and any Content and features offered on this Website, including any and all intellectual property rights. We (or the respective third party owners of Content) reserve all rights not expressly granted herein. Any unauthorised use terminates the permission or license granted by CannaTeleHealth.
Copyright – Except as otherwise expressly stated, all content appearing on this Website is the copyrighted work of CannaTeleHealth or its third party content suppliers and is protected by Australian and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content is also the exclusive property of CannaTeleHealth and is protected by Australian and international copyright laws.
Trademarks and Service Marks – Certain trademarks on the Website are the service marks and trademarks of CannaTeleHealth, the specialists, the professionals or other licensees of CannaTeleHealth. The domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of CannaTelehealth. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorisation of CannaTelehealth.
Connection Requirements – You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use this Website, and reserves the right to change the access conﬁguration of this Website at any time without prior notice.
Prohibited Use – Any use or attempted use of this Website (i) for any unlawful, unauthorised, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party’s use and enjoyment of the Website, or (iv) to gain unauthorised access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by CannaTelehealth to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by CannaTelehealth, or (vii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Website, you agree you will not:
- Upload or transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
- Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any CannaTelehealth representative, or falsely state or otherwise misrepresent your afﬁliation with a person or entity;
- Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or ﬁduciary relationships (such as nondisclosure agreements);
- Upload ﬁles that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted ﬁles, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- Use the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or ﬂooding continuous posting of repetitive text);
- Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
- Violate any applicable local, state, national or international law;
- Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
- Delete or revise any material posted by any other person or entity;
- Manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology or directly link to any portion of the Website other than the main homepage, CannaTelehealth, in accordance with the Limited License and Site Access outlined above;
- Probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems;
- Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorised by such party to do so;
- Harvest or otherwise collect information about others, including e-mail addresses; or
- Use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any content or information on this Website. CannaTelehealth reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user’s access and/or
Right to Monitor – CannaTelehealth neither actively monitors general use of this Website under normal circumstances nor exercises editorial control over the content of any third party’s website, e-mail transmission, news group, or other material created or accessible over or through this Website. However, CannaTelehealth does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in CannaTelehealth’s sole
No CannaTelehealth Editorial Control of Third Party Content; No Statement as to Accuracy – To the extent that any of the Content included in the Website is provided by third party content providers or other Website users, CannaTelehealth has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers or users on this Website are those of such third party suppliers or users, respectively. CannaTelehealth does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on this Website or referenced content or service providers will not infringe rights of third parties not owned by or afﬁliated with CannaTelehealth.
CannaTelehealth is under no obligation to maintain any link on this Website and may remove a link at any time in its sole discretion for any reason whatsoever. CannaTelehealth shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. CannaTelehealth is not responsible for the privacy practices of any other websites.
Disclaimer – Content and other information contained on this Website has been prepared by CannaTelehealth as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. CannaTelehealth has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to this Website or any other Website maintained by CannaTelehealth. Users relying on Content or other information from this Website do so at their own risk.
The CannaTelehealth website is provided on an “as is” or “as available” basis. CannaTelehealth and its licensees (including the specialists and professionals utilizing the website), to the fullest extent permitted by law, disclaim all warranties and conditions of any kind, either express or implied, statutory or otherwise, including, without limitation, the implied warranties of merchantability, non-infringement of third parties’ rights, satisfactory quality and ﬁtness for particular purpose. CannaTelehealth makes no warranty that the content is accurate, timely, uninterrupted, virus- FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Limitation of Liability
in no event shall CannaTelehealth, its licensees (including the specialists and professionals utilising the website), or any third parties mentioned on the website be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost proﬁts, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not CannaTelehealth advised of the possibility of such damages.
CannaTelehealth, its licensees (including the specialists and professionals utilizing the website), or any third parties mentioned on the website are not liable for any personal injury, including death, caused by your use or misuse of the website. any claims arising in connection with your use of the website must be brought within one (1) year of the date of the event giving rise to such action occurring. you understand and agree that your use of the website is predicated upon your waiver of any right to participate in a class action suit for any losses or damages resulting from your use of the website.
Electronic Communications – When you visit this Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide
to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these
Feedback – Should you provide CannaTelehealth with feedback and suggestions you assign the right to use such feedback and related information as Cannatelehealth deems appropriate. Any feedback will be treated as non conﬁdential. Should you wish any feedback to remain conﬁdential please inform us.
Eligibility – You must be 18 years of age to be considered by CannaTelehealth under TGA guidelines.