Book an appointment

Terms of Service

IMPORTANT: The Platform is not appropriate for, and you must not use or rely upon it in relation to, any critical, emergency or acute care medical circumstances. If you experience any medical emergency you must contact 000 and seek urgent medical assistance.

1. APPLICATION

  • 1.1. By visiting the Website and/or registering as a Patient, you accept these terms and conditions as amended from time to time, and agree to be bound by them. By visiting the Website and/or registering as a Patient, an ‘Agreement’ is formed between us and you on these terms and conditions which will enable you to use the Platform.
  • 1.2. Your use of the Platform is at our discretion and we have the right to cancel your registration as a Patient and terminate this Agreement for any reason.


2. VARIATION, SUSPENSION AND TERMINATION

  • 2.1. You may, at any time, by written notice to us, terminate this Agreement for any reason whatsoever, and we will delete your account.
  • 2.2. We may, at any time, by notice to you, temporarily, or indefinitely, suspend or terminate your right to use the Platform, if any one of more of the following applies:
    • (a) such suspension or termination is required for the maintenance (including preventative and routine maintenance), support, operation or security of the Platform;
    • (b) we believe that you are in breach of any provision of this Agreement;
    • (c) we believe that you have engaged in any conduct which may bring us or any of the Practitioners or other service providers, or the Platform, into disrepute; or
    • (d) your telephone, internet, electronic email facilities and any other device systems are not adequate and do not meet the necessary minimum requirements for you to use the Platform.
  • 2.3. At the end of this Agreement:
    • (a) you must pay us any outstanding fees or moneys due to us by you;
    • (b) the licence set out in clause 4.1 will cease and you must cease to access and use the Platform;
    • (c) clauses 6 (Fees and Payments), 9 (Intellectual Property), 10 (Privacy), 11 (Warranties and Liability), 12 (Indemnity) and 2.3 (Effect of Termination) continue; and
    • (d) accrued rights or remedies of either party are not affected.

3. YOUR ACKNOWLEDGEMENTS

  • 3.1. In accordance with this Agreement, we will provide and maintain the Platform as a means of enabling you to connect with Practitioners and access Consultations.
  • 3.2. We may also provide you with the ability to purchase products through the Platform.
  • 3.3. You acknowledge and agree that we are not a healthcare provider and we are not responsible for the provision of any health services to you. Our services are limited to those set out in clause 3.1 and we do not make any guarantees, claims or representations as to the suitability of the Platform or any Practitioner and their advice for your particular needs.
  • 3.4. The Practitioners who provide health services and advice during Consultations using the Platform are independent contractors who are not our employees, agents or officers and who do not act for or on behalf of us.
  • 3.5. The Platform may contain other content, products or services which are offered or provided by third parties (Third Party Content), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content.
  • 3.6. You acknowledge and agree that:
    • (a) we have no responsibility for the creation of any Third Party Content, including (but not limited to) any related products, practices, terms or policies;
    • (b) we are not responsible or liable in any way for any information contained on any linked third party website, including medical or clinical information; and
    • (c) we provide and operate the Platform only, and are not responsible for, or liable with respect to, the accuracy or completeness of any information or data which is provided or communicated to you by a Practitioner or through any Third Party Content.

4. YOUR ACCOUNT

  • 4.1. Upon registering as a Patient and creating a password, an account will be created for you. You may only hold one (1) account per Patient.
  • 4.2. Only persons over the age of 18 may register for an account as a Patient and enter into this Agreement with us. Where a Patient is under 18 years of age, a parent or guardian must register for an account and must be present at all Consultations with the Patient.
  • 4.3. Subject to clause 4.4, we grant to you a limited, non-exclusive, non-transferable, non-assignable, non[1]sublicensable license to access and use the Platform on your devices for the sole purpose of submitting Booking Requests and having Consultations in accordance with this Agreement.
  • 4.4. You must only access and use the Platform in accordance with the terms and conditions of this Agreement. You must not:
    • (a) decompile, delete, reverse engineer, modify, copy, reproduce, disassemble, adapt, translate, or create any derivative works of the Platform, or any Intellectual Property Rights, products, or services obtained from us in respect of the Platform; or
    • (b) disseminate, distribute, transmit, display, perform, publish, directly or indirectly sell, transfer, offer for sale, license, assign, rent, timeshare or sublicense any part of the Platform or any copies of the Platform.
  • 4.5. You are responsible for ensuring that your internet services, electronic mail facilities, and devices, and the operating systems you use, meet the system performance requirements published by us from time to time to enable you to access and use the Platform.
  • 4.6. We may at any time revoke access to your account or password has, or may have been, compromised. We may, from time to time, issue you with new login information. You must keep any login information secure and not disclose it to any other person.
  • 4.7. We are not obliged to provide replacement login information to you if we believe on reasonable grounds that you have failed to use responsible security practices in respect of the Platform.
  • 4.8. You must immediately inform us if you suspect that the security of your user ID or password has, or may have been, compromised, or if you suspect that there has been unauthorised access to the Platform.
  • 4.9. You must not disclose your login information, including your password, any other person.
  • 4.10. The Platform may be accessed and used throughout Australia. We make no representation that our Platform complies with the laws of any country outside of Australia. If you access the Platform outside Australia, you do so at your own risk.
  • 4.11. We may regularly update the features and functionality of the Platform for any reason, including to reflect developments in Laws, technology or changes in our business model and processes.
  • 4.12. In using the Platform you must not:
    • (a) vexatiously or frivolously submit Booking Requests or make Booking Requests and fail to take all reasonable steps to either attend that Consultation or provide reasonable notice of any cancellation;
    • (b) electronically record or publish the health advice provided to you within a Consultation;
    • (c) defame, harass, threaten, menace or offend any person; (d) interfere with any third party using the Platform;
    • (e) tamper with, or modify the Platform, or knowingly transmit viruses or other disabling features that may interfere with the operability and functionality of the Platform; or (f) contravene any applicable Laws, codes of conduct, requirements of relevant Governmental Agencies, rulings or standards.

5. THE PLATFORM AND YOUR OBLIGATIONS

  • 5.1. Once you have registered as a Patient and an account has been created, you may use the Platform to submit Booking Requests and access Consultations.
  • 5.2. You may submit a Booking Request for a Consultation with a Practitioner based upon their availability as notified on the Platform, upon which an appointment for the Consultation at the agreed date and time (Appointment) will be created. You will receive confirmation of the Appointment either:
    • (a) via an email from us containing a secure link to facilitate the Consultation; or
    • (b) through the Platform which is accessible to you having logged in using your user ID and password.
  • 5.3. Upon the creation of an Appointment:
    • (a) a legal contract will be formed for the provision of a Consultation by the Practitioner;
    • (b) you acknowledge that we are not a party to that contract and that we accept no liability in relation to the legal relationship created between you and the Practitioner via the use of the Platform; and
    • (c) you acknowledge that we do not process Medicare payments nor any claims for rebates for or on your behalf.
  • 5.4. We reserve the right to cancel any Booking Requests or Appointments prior to the date and time of the Consultation if your right to use the Platform has been suspended or terminated in accordance with clause 2.
  • 5.5. You must:
    • (a) answer all questions asked by us in relation to your account or your use of the Platform, or by any Practitioner in your Consultation or otherwise in connection with health services provided to you by the Practitioner through the Platform, accurately and completely;
    • (b) provide the Practitioner with any and all information which is relevant to the Consultation and the treatment being provided; and
    • (c) report any new symptoms or worsening of conditions occurring between Consultations to the Practitioner in your next Consultation. If you experience severe worsening of symptoms or conditions you must seek immediate medical attention. You acknowledge and agree that your compliance with this clause is essential for Practitioners to provide you with the most appropriate health care and advice for your circumstances.
  • 5.6. We may provide you with Appointment reminders through SMS messages, or by email via the Platform, however it is your responsibility to ensure you attend all Consultations on time. Failure to do so may result in forfeiture of a portion of the Consultation Fees paid by you as set out in clause 7.

6. FEES AND PAYMENTS

  • 6.1. You must pay the Consultation Fee via the Platform upon submitting a Booking Request, which we will collect on behalf of the Practitioner.
  • 6.2. Consultation Fees will be as specified on the Platform from time to time. The Consultation Fee applicable to your Consultation will be notified to you at the time of submitting a Booking Request.
  • 6.3. Unless otherwise provided in this Agreement, all moneys payable under this Agreement are calculated without regard to taxes, duties or levies including GST.
  • 6.4. Despite any other provision in this Agreement, this clause 6 continues in force and effect for a period of six months from the date that termination or cessation (for any reason) of this Agreement takes effect.

7. CANCELLATION, LATE APPOINTMENTS AND REFUNDS

  • 7.1. We may, from time to time, need to cancel or reschedule your Appointment. We may do so for any reason and will notify you by SMS message, email or via the Platform.
  • 7.2. Upon being notified of a cancellation or rescheduling of your Appointment, you may:
    • (a) reschedule the Appointment by submitting a new Booking Request, with the Consultation Fee already paid to be applied to the new Appointment; or
    • (b) accept the cancellation of the Appointment, and receive a full refund of the Consultation Fee.
  • 7.3. If you need to cancel an Appointment, you must notify us through the Platform.
  • 7.4. If an Appointment is cancelled by you in accordance with clause 7.3:
    • (a) 48 hours or more prior to the Appointment, you will receive a full refund of the Consultation Fee;
    • (b) between 24-48 hours prior to the Appointment, you will receive a refund of 50% of the Consultation Fee; or
    • (c) less than 24 hours prior to the Appointment, you will receive a refund of 25% of the Consultation Fee.
  • 7.5. You will not be entitled to any refund of the Consultation Fee where you do not attend a Consultation without providing us with any notice of cancellation.
  • 7.6. If you are 10 minutes or more late for an Appointment, the Practitioner may, in the Practitioner’s absolute discretion:
    • (a) treat the Appointment as having been cancelled by you with no notice, in which case clause 7.5 will apply; or
    • (b) proceed with the Consultation, in which case clause 7.7 will apply.
  • 7.7. If you are less than 10 minutes late for an Appointment, or clause 7.6(b) applies, the Practitioner must provide the Consultation, but the Consultation will end at the agreed time and the entire duration of the Consultation will be shortened by the amount of time that you were late, unless otherwise agreed by the Practitioner.
  • 7.8. You agree that we have the right to set off any amounts owed or payable by us to you, including refunds, against any moneys owed by you to us.
  • 7.9. Any refunds provided to you will be made to the bank account or payment method used by you to pay the Consultation Fee.
  • 7.10. Where you are entitled to any refund under this Agreement, you may request that this refund be provided in the form of credit towards a future Consultation. We may grant this credit in our absolute discretion.

8. COMPLAINTS

  • 8.1. If you have any feedback, concerns or complaints relating to the Platform or any Practitioner or Consultation, this can be submitted to us using the following contact details or as otherwise notified on the Platform: Telephone: 1300 273 824 Email: hello@canwellaustralia.com.au
  • 8.2. Following the receipt of a complaint, you may be granted a refund of the Consultation Fee, subject to the investigation of the complaint by us and our discussions with the relevant Practitioner(s).
  • 8.3. Nothing in this clause is intended to limit your rights at law in relation to the health services provided by, or the conduct of, any Practitioner.

9. INTELLECTUAL PROPERTY

  • 9.1. You acknowledge and agree that:
    • (a) as between the parties, and without regard to the ownership rights of third parties, our right, title, and interest in and to the software, trade marks and any other Intellectual Property Rights in and to the Platform, the Website, the Services (including all content and documentation located on the Platform and Website) and any branding associated with the Platform, the Website, the Services and our business (including any goodwill or other benefits accruing from your use of the above software, trade marks and other Intellectual Property Rights), shall inure to our benefit; and
    • (b) we own the Intellectual Property Rights that comprise the Platform, the Services (including all content and documentation located on the Website) and the Website or sites on which the Platform is hosted.
  • 9.2. By entering, uploading or creating any information or content (Content) on the Platform, you:
    • (a) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that Content in any way (including, without limitation, by reproducing, changing, and communicating that Content to any other person) and permit us to authorise any other person to do the same thing; and
    • (b) consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any Content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
  • 9.3. You must not take any action, or cause any third party to take any action, challenge, contest or in any way impair the rights, title, interest and ownership rights set out in clause 9.1.
  • 9.4. Without limiting the generality of clause 9.1, we reserve the right to make modifications and upgrades to the Platform and the Website from time to time.

10. PRIVACY

  • 10.1. In allowing you to use the Platform in accordance with this Agreement, we will comply with all Privacy Laws and our Privacy Policy, as amended from time to time, which is available at: https://www.canwellaustralia.com.au/privacy.
  • 10.2. The Practitioner is responsible for creating a record of each Consultation in a record keeping facility available to the Practitioner (and other Practitioners) on the Platform. We will use reasonable commercial endeavours to ensure those records are properly stored and secured in accordance with our Privacy Policy and all applicable Laws.
  • 10.3. You acknowledge and agree that we may use information relating to you and your participation in, and use of the Platform for internal management, administration, analytical and evaluation purposes.
  • 10.4. You acknowledge and agree that we may de-identify the information referred to in clause 10.3, aggregate it with de-identified information of other Patients or users of the Platform, and use that de[1]identified and aggregated data to evaluate the effectiveness and efficacy of the Services and Platform and commercialise and disclose this de-identified and aggregated data to any person.

11. WARRANTIES AND LIABILITY

  • 11.1. You acknowledge and agree that the Platform is provided to you on an ‘as is’ basis, and except for the conditions, warranties and guarantees described in clause 11.5, we exclude all terms, conditions, warranties and guarantees implied by custom, the general law or statute.
  • 11.2. We are not liable for the acts or omissions of any Practitioner, or for the information, advice or treatment provided or recommended by any Practitioner to you, including any medicines prescribed by a Practitioner.
  • 11.3. To the fullest extent permitted by law, you agree to release us from all Claims which you have, now or later against us whether for personal injury (including death and disability) or otherwise, and whether occasioned by:
    • (a) negligence,
    • (b) breach of contract,
    • (c) breach of statutory duty or otherwise, suffered as a result of or in connection with your use of the Website or Platform.
  • 11.4. We will not be liable for any delay in the performance of or any failure to perform any of our obligations under this Agreement caused by any event which is beyond our reasonable control, including the failure, malfunction or unavailability or necessary telecommunications, data communications and/or computer services, power supply failure or shortages, acts or omissions of third parties (including service providers and network operators), acts of government or Government Agencies, or telecommunications network congestion.
  • 11.5. Any condition, warranty or guarantee that legislation applies to the supply by us to you of any goods or services under this Agreement is taken to be included in this Agreement, if that legislation renders void or prohibits contractual provisions which:
    • (a) exclude, restrict or modify; or
    • (b) have the effect of excluding, restricting or modifying, the application of, exercise of a right conferred by, or any liability under, such condition, warranty or guarantee (Non-excludable Guarantee).
  • 11.6. To the maximum extent permitted by law, we limit our liability for any breach of any Non-excludable Guarantee, at our option to one or more of the following:
    • (a) in respect of the supply of goods:
      • (i) the replacement of the goods or the supply of equivalent goods;
      • (ii) the repair of the goods;
      • (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
      • (iv) the payment of the cost of having the goods repaired;
    • (b) in respect of supply of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
  • 11.7. You acknowledge and agree that, to the maximum extent permitted by law, we exclude all liability to you in tort, contract or otherwise for any:
    • (a) loss of profits, opportunity, revenue, data, goodwill, business or anticipated savings, pure economic loss, loss of value of equipment, (other than cost of repair) or expectation loss; or
    • (b) indirect, consequential, special, punitive, or exemplary loss or damage, even if such loss or damage was reasonably forseeable, arose naturally or was in the contemplation of the parties.
  • 11.8. Without in any way limiting any of this clause 11, you expressly acknowledge and agree that we do not make any warranty and/or representation that:
    • (a) the Platform or Services will meet your requirements, or will be uninterrupted, timely, secure, or error free;
    • (b) the results that may be obtained from your use of the Platform or Services will be accurate or reliable; or
    • (c) the information or other material downloaded or obtained by you through the Platform or Services will meet your expectations or requirements.

12. INDEMNITY

  • 12.1. You must indemnify and defend us and our Personnel and hold us and our Personnel harmless (those indemnified) from any:
    • (a) loss or liability incurred by those indemnified;
    • (b) loss of or damage to property of those indemnified; or
    • (c) loss or expense incurred by those indemnified in dealing with any Claim against it including legal costs and expenses on a full indemnity basis and the cost of time spent, resources used or disbursements paid by those indemnified, arising from any breach of this Agreement by you.
  • 12.2. You agree that we will be taken to be acting as agent or trustee for and on behalf of those indemnified.

13. GENERAL

  • 13.1. If the whole or any part of any clause of this Agreement is illegal or unenforceable, it will be severed from this Agreement and will not affect the continued operation of the remaining provisions of this Agreement.
  • 13.2. Both parties acknowledge that this Agreement is non-exclusive and either party is entitled to enter into agreements with third parties to provide similar services.
  • 13.3. We may amend this Agreement from time to time by providing notice on the Platform or as otherwise notified to you. By continuing to access the Website and/or the Platform after notification, you agree to be bound by such amendments.
  • 13.4. We may nominate any electronic means of giving you notice under this Agreement, in which case we may give you notices by using that electronic means. A notice given to you in this way is taken to be given on the business day after it is sent.
  • 13.5. This Agreement:
    • (a) accurately reflects the agreement between the parties as to their subject matter;
    • (b) records the entire agreement between the parties with respect to the subject matter of this Agreement; and
    • (c) supersedes all prior representations and agreements in connection with that subject matter.
  • 13.6. Our failure at any time to insist on your performance of any obligation under this Agreement is not a waiver of our right:
    • (a) to insist on performance of, or claim damages for breach of, that obligation unless we acknowledge in writing that the failure is a waiver; and
    • (b) at any other time to insist on performance of that or any other obligation under this Agreement.
  • 13.7. This Agreement does not create a relationship of employment, agency or partnership between the parties.
  • 13.8. We may, without the need to obtain your consent, transfer all or any part of our rights, interests, obligations or liabilities under this Agreement by assignment or by novation.
  • 13.9. We may subcontract the performance of the whole or any part of our obligations under this Agreement or any part of it.
  • 13.10. This Agreement is governed by the Laws and the parties submit to the non-exclusive jurisdiction, of the courts of Queensland, Australia.

14. DICTIONARY AND INTERPRETATION

  • 14.1. In this Agreement: Agreement has the meaning ascribed to that term in clause 1.3 and includes any Annexures and other attachments. AHPRA means the Australian Health Practitioner Regulation Agency, including any of its National Boards where applicable. Appointment has the meaning given in clause 5.2. Booking Request means a request for a Consultation submitted by you using the Platform. Business Day means a day that is not a Saturday, Sunday, public holiday or bank holiday in Queensland, Australia. Business Hour means an hour in the period between 8am to 6pm on a Business Day. Claim means any cause of action, allegation, claim, demand, debt, liability, suit or proceeding of any nature howsoever arising and whether present or future, fixed or unascertained, actual or contingent, or at law (including negligence), in equity, under statute or otherwise. Consultation means a health consultation provided to you by a Practitioner and facilitated using the Platform, which may involve health services, including but not limited to, advice and the prescription of medicinal cannabis. Consultation Fee means the fee payable by you upon submitting a Booking Request, in respect of receiving a Consultation. Governmental Agency means any government or any governmental, semi-governmental, administrative, fiscal or judicial body, department, commission, authority, tribunal, agency or entity. Intellectual Property Rights or IPR means all intellectual property rights, including all registered and unregistered rights in respect of copyright, designs, circuit layouts, trademarks, know-how, confidential information, patents, inventions, discoveries and domain names. Laws includes any requirement of any statute, rule, regulation, proclamation, order in council, ordinance or by law whether commonwealth, state, territorial or local. Patient means a patient who has created an account to use the Platform to submit Booking Requests and access Consultations. Personal Information means all information about a person that is ‘personal information’ as defined in the Privacy Act 1988 (Cth) which is collected or held by any of the parties in connection with this Agreement. Personnel of a party are the employees, officers, consultants, contractors, representatives and agents of the party. Platform means our Canwell proprietary mobile application and any other platforms or web-based technology that is hosted by us and provides a platform that enables Patients to connect with Practitioners to book and provide Consultations of which we give you notice from time to time. Practitioner means a health practitioner who is registered with AHPRA and who provides Consultations using the Platform. Privacy Laws means the Privacy Act 1988 (Cth) and any other Laws that regulate the collection and use of Personal Information in Australia. Services means our services in connection with providing and maintaining the Platform. we, us, or derivatives of any of those terms, means Canwell Australia Pty Ltd (ACN 650 184 795) of 12 Billeroy Crt, The Gap, Queensland 4061. 2030750/6090599.5/18-07-2021 Website means the website at www.canwellaustralia.com.au on which the Platform may be accessed, or such other website as we notify you of from time to time. you, your or derivatives of any of those terms, means the any Patient or other user of the Website or Platform, and in the case of a Patient who is under 18 years of age, includes that patient’s authorised carer, parent or guardian.
  • 14.2. All other words starting with a capital letter have the meaning ascribed to them in the Application.
  • 14.3. A reference to any legislation or statutory instrument or regulation in this Agreement is a reference to that legislation or statutory instrument or regulation as amended or replaced from time to time.
  • 14.4. No provision of this Agreement will be construed adversely to a party solely on the ground that the party was responsible for the preparation of this Agreement or that provision.
  • 14.5. If a party consists of more than 1 person, this Agreement binds each of them separately and any 2 or more of them jointly.
  • 14.6. An obligation, representation or warranty in favour of more than 1 person is for the benefit of them separately and jointly.
  • 14.7. A reference to dollars, is to Australian dollars.
  • 14.8. A party, which is a trustee, is bound both personally and in its capacity as a trustee.