Terms of Service

Terms of Service

Cannabis Clinic (“Us” or “We”) provides the www.cannabisclinic.co.nz website and various related services (collectively, the “Website”) to you, the User, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service”), as well as any other written agreement between us and you.

In addition, when using particular services or materials on this Website, Users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.

These Terms of Service are effective as of Feb 2019. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Website and these Terms of Service from time to time and to familiarize yourself with any modifications.

Your continued use of this Website after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service. 

We reserve the sole right to either modify or discontinue the Website, including any of the Website’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this Website shall also be subject to these Terms of Service.

Our Terms of Service exist to protect you and allow us to offer you a better service. Any person who requests further information about products from our doctors (via product availability or pricing on The Dispensary page) or wishes to consult with us must accept these terms.  

By accepting our Terms of Service, you agree to the following:

1) Our Services

• You accept that the Cannabis Clinic will only provide prescriptions to medicinal cannabis products when this is felt to be clinically appropriate. This decision is made by your clinician and cannot be altered by other staff members.
• Where you feel this decision has not been fair, we encourage you to write to us to allow us to resolve the matter by seeking a second opinion and communicating with you. Where possible, a remedial plan will be suggested to address any concerns. 

2) E-Patient Registration

• By accepting our Terms of Serivce, you are accepting to register as an online patient (e-patient) with us with the intention of using our consultation and/or dispensary services. As an e-patient, you agree that you are now under the care of our doctor(s) and you are seeking information from from them about using unapproved medications to treat your health condition(s). 
• You also agree that if you do not intend to use our consultation and/or dispensary services but you still register with us as an e-patient to view restricted information then you are violating our Terms of Service and this is a legally liable matter, regardless of the reasons for this violation. 
• Registered e-patients may receive email communication from our clinic with information & pricing related to unapproved medications. You may opt out of such communication at any time.

3) Telemedicine Consultations

Telemedicine appointments can only be done when you meet the following requirements:

• Your treating clinician is in agreement that an online appointment is suitable in your situation 
• Your treating clinician does not require you to provide any further health information, such as a referral from your GP. Further documentation may be asked at any time
• That you confirm the exceptional circumstance that have caused you to seek an online consultation. For example, the refusal of your GP to prescribe. 

By utilising online telemedicine appointments, you agree that:

• The structure of consultations will differ from what is expected with a GP.
• All prescriptions are held on your online records and physical prescriptions can be requested from the clinic at any time.
• Any letters required from the clinic, such as work or travel letters confirming the use of medicinal cannabis, are provided electronically unless specifically requested for a physical copy. 

If at any time you feel the provision of your appointment by telemedicine is not providing you with the same level of service as an in person appointment, please notify us.

4) Dispensary Access

By consulting with the Cannabis Clinic, you agree that:

• Every patient of the Cannabis Clinic will have access to the dispensary through the provision of a password to enable access.
• The password must not be shared or disclosed to any other person and must remain private.
• Your log in details to access your personal account is kept private and not shared.
• Any medicinal cannabis products accessed must be consistent with the prescription provided to you by your treating specialist.
• Requests for repeat medications are upon the discretion of the doctor to approve or request further information or follow up.
• Products could be withheld if the doctor requests a specific action to occur prior to dispensing, such as but not limited to a blood test or a follow up appointment.  
• You are required to have a follow up appointment for CBD products within the first 3 months of use. Further products cannot be provided without this. 
• You are required to have a follow up appointment for THC products within the first 1 month of use. Further products cannot be provided without this. 

5) Consent

We cannot deliver our services if you do not consent to it. This is in relation to the use of telemedicine consultations and the use of unapproved medicines, which fall under section 29 of the Medicines Act. 

You must consent prior to the appointment and any use of products. If you are unclear or unsure during your consultation about what this means, we encourage you to discuss this with your treating doctor. Please inform us if you require written information which we can provide.

6) Children

We are able to offer our services to patients from any age range. For anyone under the age of 16, it is a requirement for a parent or legal guardian to be present for the consultation. 

7) The Dispensary

The advertising of unapproved medicines is strictly prohibited. We provide the pricing for specific products as well as indicative price ranges as information to assist you to decide whether you wish to proceed to book a consultation with one of our doctors as we do not wish our patients to be taken by surprise at the cost of the products which are in addition to the cost of the consultation and any required follow up consultation. We note, due to legislative requirements, CBD products need to be ordered for each particular patient and accordingly such products, if a prescription is appropriate, are not available to be provided at the time of consultation. 

8) Product Availability

Products that are branded as Cannabis Clinic & Medleaf Global are only available as imports on your behalf and are not stocked in the clinic. A waiting time of 1-8 weeks may be required to complete the importation process and obtain clearance from the Ministry of Health. These imports are done on a patient by patient process. You can opt for another product at any time. At times these products may be able to be supplied immediately to you. 

Products branded to third parties may be available immediately or ordered on your behalf. The delay in sending these to you may be 1-2 working days. 

9) Conflict of Interest

You are aware that all products sold by the Cannabis Clinic have an added margin on the sale price. Purchasing your prescribed product from our dispensary provides financial benefit to the Cannabis Clinic while taking your prescription to another service does not. Dr Harvey, Dr Craig and Dr Alzaher are shareholders in the company and are provided financial returns from the clinic. 

Policies and measures are in place within the clinic to ensure that you are prescribed only as clinically indicated. Looking after you clinically must be the only consideration taken into account when prescribing.

This margin varies from product to product. The pricing of products is determined by:

• The affordability for our patients
• Pricing compared to other products to reduce prescribing bias as much as possible. This is to protect you from bias of your treating clinician in recommending a product.

10) Communicating With Your GP

• You accept that unless you request otherwise, a written letter requesting a copy of your medical records and summarising your appointment and prescribed medications will be sent to you and your GP via email immediately after the consultation.
• You must provide written advice to inform us if you do not wish for this to happen.
• If you do not have a registered GP, we are unable to prescribe you a THC based product.

11) Your Obligations

You accept your obligations that you must meet in order for us to deliver our service to you.  

Providing us with accurate information will allow us to deliver our services effectively. We ask that you ensure that:

• You follow the recommendations of our clinic staff 
• You follow the instructions provided on your product/medicine that has been prescribed and supplied to you
• You inform the clinic of any adverse effect of the treatment provided 
• You store your medicines in a safe manner and ensure they are out of reach of children 
• You inform us should your personal or health information change, or becomes inaccurate of incomplete 
• Our services are used for your personal care or a dependent. 

12) Your Conduct 

Your use of the Website and our Services is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Website and any other electronic communications.

By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Website and our Services, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, email communications, software, images, sounds, data, or other information — that:

• Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at our team members, another individual or group of individuals), or otherwise violates our rules or policies
• Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
• Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party
• Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling
• Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party
• Impersonates any person or entity, including any of our employees or representatives

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Website.

We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Website. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our Website and Services without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

13) Third Party Websites

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services.

The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Website or party by us, or any warranty of any kind, either express or implied.

14) Intellectual property

All custom graphics, icons, logos, and service names used on the Website are registered trademarks, service marks, and/or artwork held under copyright of Cannabis Clinic Limited or its Affiliates. All other marks are property of their respective owners. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name or trade names of Cannabis Clinic Limited or its Affiliates.

15) Disclaimer of Warranties

Content available through this Website often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorised Cannabis Clinic spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this Website for further information, which policies are incorporated by reference into these Terms of Service.

You understand and agree that temporary interruptions of the services available through this Website may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Website, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this Website are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

16) International use

Although this Website may be accessible worldwide, we make no representation that materials on this Website are appropriate or available for use in locations outside New Zealand, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.

17) Termination

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Website and our Service with or without notice and for any reason, including, without limitation, breach of these Terms of Service.

Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Website immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Website.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

18) Governing Law

These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of NZ without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of NZ.

18) Privacy Policy

Please see our full Privacy Policy here.

If you have any concerns or suggestions about our level of service, we ask you contact us at: [email protected]