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EULA, Privacy Policy & Terms of Use

PATIENT END USER LICENSE AGREEMENT (EULA)

This End User License Agreement (EULA) is between You (“User”, “You”, or “Your”); Canview Pty Ltd ACN 639 650 927 (Canview) and their related bodies corporate as defined under section 50 of the Corporations Act 2001 (collectively “We”, “Us”, “or “Our”).

This EULA governs Your use and includes White Labelled versions of the prescription medicine delivery mobile application Mobile App known as Canview (Mobile App), including but not limited to limited to programs, functions, features, content, data, user interface, electronic documentation as well as all other material in relation to the Mobile App including but not limited to questions, answers, comments, notes, information, all health and medical related materials, Personal Information, business information and Health Information made available via the Content).

1.    Grant of License

Subject to the terms of this EULA, We grant You a limited, non-exclusive, revocable, personal, non-sublicensable, non-assignable and non-transferable license (Licence) to download and install (if applicable), operate and use the Mobile App solely for Your own lawful use on any mobile device owned or controlled by You that can access the Mobile App  for the purposes set out in clause 4.

2.    Acceptance of These Terms

By downloading, installing, operating, or using the Mobile App, You acknowledge and agree to be bound by the terms of this EULA.

If You do not agree to the terms, You must not download, install, operate or use the Mobile App, or if You already have done this, You must immediately cease use of the Mobile App and delete the Mobile App from Your device.

3.    Terms of Use

Our Terms of Use, which sets out how You may use our Website, use our Mobile App or receive our Services, can be found at https://canview.com.au/terms-of-use/. These terms apply each time You use Our Website or access Our Services. Your continued use will represent an agreement by You to be bound by these terms.

4.    Mobile App Use

You may access and use the Mobile App if You are an eligible patient and have received a prescription from a Canview prescribing doctor.

4.1    Patients, You must register a Patient Account and provide:

(a)    Your Health information; and

(b)    Personal Information.

4.2     Acceptance of registration is in our sole discretion, We reserve the right to modify the registration requirements at any time.

5.    User Responsibilities

5.1    You must:

(a)    Use the Mobile App only for lawful purposes and in accordance with the intended functionality; and

(b)    Keep Your account credentials secure and confidential. You are responsible for all activities under Your account.

5.2    You must not, and You must not permit or enable any other person to:

(a)    reverse engineer, decompile, decode, decrypt, disassemble or in any way derive source code and/or codes from the Mobile App and/or the Content and/or the Intellectual Property therein;

(b)    modify, translate, adapt, vary, alter, or create derivative works from the Mobile App and/or the Content and/or the Intellectual Property therein;

(c)    copy, reproduce, distribute, publicly display, transmit, sell, rent, lease or otherwise exploit the Mobile App and/or the Content and/or the Intellectual Property therein;

(d)    distribute, sublicense, rent, lease, loan or allow any third-party access to or use of the Mobile App and/or Content and/or the Intellectual Property therein;

(e)    use the Mobile App and/or Content and/or the Intellectual Property therein in any manner whatsoever that does circumvent or infringe, or could lead to circumventing or the infringement of, any Intellectual Property Right, any local, state, federal or international laws, or rules or regulations in the jurisdiction in which You use the Mobile App and the Content;

(f)    use any part of the Mobile App and/or the Content and/or the Intellectual Property therein in any other software or applications other than in the complete form the Mobile App and the Content are downloaded and installed on Your device, in accordance with the terms of this EULA, and for the purposes of Mobile App use in accordance with this clause; or

(g)    remove, modify, vary, alter or obscure any trademark, logo, copyright or other proprietary content, notices, legends, symbols or labels in the Mobile App and/or the Content and/or the Intellectual Property therein.

6.    Installation, Updates and Maintenance

(a)    This Mobile App requires a compatible 4G or higher enabled mobile device with internet connectivity and access to the Google Play™ store operated by Google Inc. or the Apple App Store™ operated by Apple;

(b)    Your use of the Mobile App may incur internet data charges, may involve the downloading of images, content and other items that may attract internet data fees and will consume the battery charge of Your mobile device;

(c)    The Mobile App does not provide for international roaming, and You may incur international roaming charges if the Mobile App or Your mobile device is used outside Australia;

(d)    The continued availability of the Mobile App, and Content provided through the operation and use of the Mobile App, may be subject to external factors out of Our control including but not limited to routine maintenance, malfunction in equipment, hardware or software, internet access, and delay or failure of transmission;

(e)    We may modify or update the Mobile App at any time without notice including but not limited to disabling or enabling certain features or functionalities of the Mobile App, introducing new features and functionalities to the Mobile App, bug fixes, error corrections, and workflow and design changes;

(f)    We may provide maintenance and technical support for the Mobile App from time to time and We may suspend, terminate or disable some or all of the features and functionalities of the Mobile App in order to provide such services (if any) at any time without notice;

(g)    Apple and Google Inc are not responsible for any maintenance and support services with respect to the Mobile App;

(h)    As part of the Mobile App installation process Your mobile device settings may change and You acknowledge that by installing the Mobile App You approve any such changes to Your mobile device settings;

(i)    You may be required to download the latest version of the Mobile App from time to time including but not limited to any updates. It is Your responsibility to ensure that You are using the most up to date version of the Mobile App at any given time; and

(j)    By downloading and using the most up to date version of the Mobile App You acknowledge and agree to be bound by the then-current terms and conditions of this EULA.

(k)    You agree that you download, install, operate and use this Mobile App and the Content at Your own risk

7.    Notices

(a)    We authorise Google Inc and Apple a non-exclusive, worldwide, and royalty-free basis to: reproduce, perform, display, analyse, and use Our Mobile App in connection with (a) the operation and marketing the Apple App Store® or the Google Play® Store (App Platform); (b) the marketing of devices and services that support the use and the marketing of the Mobile App on the App Platform and Devices; (c) the provision of hosting services to Us and on Our behalf to allow for the storage of and App Platform access to the Mobile App and to enable third -party hosting of such Products; (d) making improvements to the App Platform; and (e) checking for compliance with this EULA and the Developer Program Policies. The authorisation in clause (e) is sublicensable to application security partners. You also authorise such application security partners to use the results of their review in their products and research that may be publicly available.

(b)    We authorise the App Platform to perform the acts described in this section subject to Our control and direction in the manner indicated.

(c)    Family groups on Google Play will be subject to reasonable limits designed to prevent abuse of family sharing features. Users in a family group may purchase a single copy of the Mobile App (unless otherwise prohibited, as for in-app and subscription products) and share it with other family members in their family group. If, in the Play Console, We opt in to allowing patients, where relevant to share any previously purchased Mobile Apps, We authorise the sharing of those purchases by users subject to the Google Play Developer Distribution Agreement (Google Agreement). To the extent that EULA conflicts with the Google Agreement, the Google Agreement will supersede this EULA. You acknowledge that the EULA for our Mobile App is solely between Us and the Patient. Google will not be responsible for, and will not have any liability whatsoever under, this EULA.

8.    Warranty Disclaimer

(a)    This Mobile App is provided to You on an “as is” and “as available” basis.

(b)    To the maximum extent permitted by law, We expressly disclaim all representations and warranties, whether express or implied, with respect to the Mobile App, the Content and Your access to and operation and/or use thereof, including but not limited to all implied warranties of merchantability or fitness for a particular purpose or any warranties of title, non-infringement and/or arising from a course of dealing or usage of trade.

(c)    We expressly disclaim all guarantees, representations and warranties, whether express or implied, that the Mobile App will meet Your requirements or that Your operation and/or use, or the results of the operation and use of the Mobile App will be uninterrupted, complete, reliable, accurate, current, error-free, free of viruses or otherwise secure.

(d)    Nothing in this EULA excludes, restricts or modifies any condition, warranty, right or remedy conferred on You by applicable consumer law that cannot be excluded, restricted or modified by agreement (non-excludable condition). To the fullest extent permitted by law, Our liability for a breach of a non-excludable condition is limited to the minimum remedy that may be available in respect of any such breach.

9.    Restrictions

You must not and You must not permit any other person to:

(a)    access the Mobile App from outside of Australia; and

(b)     transfer any data outside of Australia (or allow it to be accessed from outside Australia); and

(c)    Use the Mobile App or the functions and the information the Mobile App provides if you are under the age of 18 (The Mobile App must be used by an Authorised Carer on the patient’s behalf); and

(d)    upload, email, post, publish, distribute or otherwise transmit any information about any person that may identify them or that may compromise their privacy or breach their confidentiality without their prior written consent.

10.    Third-party Content

The Mobile App may include Content or services from third parties. We are not responsible for any third-party Content or services.

11.    Data Privacy and Security

(a)    Your use of the Mobile App is subject to our Privacy Policy, which outlines how We collect, use, and protect Your Patient Information. Our Privacy Policy can be found at https://canview.com.au/privacy-policy/. By using the Mobile App, You consent to the processing of personal data as described in the Privacy Policy;

(b)    We may use your Personal Information and Health Information for the purpose of effecting the functionality of the Mobile App and providing customer support to You; and

(c)    You must notify Us immediately if You become aware of any suspected breach of security.

12.    Term, Termination and Suspension

(a)    The EULA will commence when You apply for the registration of a Patient Account and will remain in effect until terminated by You or Us. You may terminate this EULA at Your sole and absolute discretion at any time by uninstalling and discontinuing Your use of the Mobile App;

(b)    We reserve the right to immediately terminate, suspend or disable the Patient Account or the Mobile App; suspend or terminate the EULA; suspend or terminate or limit the Licence and/or Your rights thereunder at any time, with or without cause, for such period or periods as We determine in our absolute discretion. We will make a reasonable effort to notify You of any action We take under this clause, but are not obliged to do so;

(c)    The Licence under clause 1 will terminate immediately and without any further notice if You fail to comply with any provisions of this EULA;

(d)    Upon termination, You must discontinue use of the Mobile App.

13.    Intellectual Property

The Mobile App and all related intellectual property, including but not limited to software, trademarks, and proprietary Content, are owned by Us or Our third-party licensors. You do not acquire any ownership rights in the Mobile App by using it.

14.    Warranties

You warrant and represent that you will only provide access to your account for Authorised Carers. You are responsible for ensuring that all Authorised Carers comply with these Terms.

15.    Limitation of Liability  

(a)    To the extent permitted by law, neither party is liable for any Consequential Loss suffered or incurred whether in contract, tort (including negligence) or otherwise in connection with this EULA;

(b)    Our total liability for any loss or damage suffered or incurred by You will not exceed the Charges (if any) paid by You to Us;

(c)    Neither party will be liable under this EULA to the extent the relevant loss has been caused or contributed to by the other party.  Each party will use all reasonable efforts to mitigate its loss caused by the other party, including loss that is the subject of an indemnity under this EULA.

16.    Indemnification

Each party (Indemnifier) will defend and indemnify the other (Indemnified) against any claim, loss, demand, charge, expense or liability (including reasonable legal costs) made against or incurred by the Indemnified as the result of:

(a)    any unlawful or wilfully wrong act or omission by the Indemnifier or its personnel;

(b)    any personal injury, death or property damage, or breach of confidentiality or privacy, arising from or caused by the Indemnifier or such personnel, or for any fraudulent act or omission of a party or its personnel; or

(c)    the provision of any materials (including in Our case as Indemnifier, the Mobile App) to the Indemnified (in accordance with this EULA), infringing the rights (including intellectual property rights) of any third party.

17.    Governing Law

This EULA is governed by and is to be construed in accordance with the laws applicable in Victoria, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.

18.    Entire Agreement

This EULA contains the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements and understandings regarding the use of the Mobile App.

19.    Amendments

We reserve the right to update, revise (including by deletion), supplement or otherwise modify this EULA at any time, with or without notice to You. We recommend that You visit our website regularly to keep up to date with any changes. Your continued use of the Mobile App will constitute Your acknowledgement and agreement to be bound by the Updated EULA.

20.    Complaints

20.1    How to Make a Complaint

We are committed to addressing any complaints or feedback promptly and professionally. If you wish to provide feedback or lodge a complaint, you can do so via the following methods:

email: enquiries@canview.com.au

Your complaint will be acknowledged within 24 hours of receipt by Canview Customer Support.

21.    Definitions

21.1    In this EULA:

Authorised Carer means a parent, guardian or carer authorised by the patient to use the Patient’s Account on their behalf for the purpose of receiving, tracking and managing prescriptions on the Mobile App.

Content means any information that is available contained on the Mobile App, which may include including pages, images, audio, as well as reference materials.

Health Information has the same meaning as defined in the Our Privacy Policy.

Intellectual Property Right means the rights in respect of Intellectual Property held by or licensed to Us, and/or held by any party or entity, in relation to any part of the Mobile App or any Content contained on the Mobile App.

Patient Information means the Patient’s Personal Information and Health Information.

Patient Account means and account registered by an eligible patient and you have a prescription from a Canview prescribing doctor.

Personal Information has the same meaning as defined in Our Privacy Policy.

White Labelled means any versions of the Platform that have been rebranded for third-party use.

Canview Pty Ltd EULA was last updated on [16/01/2025]

Privacy Policy

Vitura Health Limited ABN 59 629 071 594 (Vitura), and its subsidiaries are located in Australia and subject to the Privacy Act 1988 (Privacy Act or the Act).

This Privacy Policy applies to all Vitura businesses unless that business has adopted a separate policy. A copy of this policy is available on the website located at https://www.vitura.com.au (the website).

This document sets out our policies for managing your personal information and is referred to as our Privacy Policy. We are committed to managing personal information in accordance with the Australian Privacy Principles (APPs). Where you access our services in Australia or via our websites, the privacy laws in Australia apply.

In this Privacy Policy, we and us refers to Vitura Health Limited and its subsidiaries (collectively referred to as Vitura) and you refers to any individual about whom we collect, use and store personal information in compliance with the law.

Personal information = Personal Data

Personal information is defined by the Privacy Act as information or an opinion about an identified individual or an individual who is readily identifiable.

About Vitura Health Limited

Vitura is an ASX listed company focussed on innovating the delivery of healthcare by building a centralised healthcare experience that connects and enhances each stage of the patient experience journey throughout their lifetime.

Vitura offers a range of services, including the sale and distribution of scheduled medicines, including medicinal cannabis, and the provision of medical services including telehealth.

WHAT INFORMATION DOES VITURA COLLECT ABOUT YOU?

The types of personal information that we collect will vary depending on the circumstances of collection and the kind of service that you request from us, but will typically include:
– your full name, email, postal address, and other contact details;
– your age and/or date of birth;
– next of kin, or carer;
– where you are a patient of one of our clinics, medical history including notes, records, and past treatments;
– details of products and services we have provided to you and/or that you have enquired about, and our response to you;
– visitor IP addresses;
– hashed identifiers derived from email addresses for the purposes of cross-device tracking for targeted advertising;
– any additional personal information you provide to us, or authorise us to collect, as part of your interaction with Vitura.
We may also collect personal information from others who disclose your information in connection with the services that you request from us.

HOW AND WHY DOES VITURA HEALTH COLLECT AND USE YOUR PERSONAL INFORMATION?

Vitura collects personal information reasonably necessary to carry out our business, to assess and manage our clients’ needs, and provide services including telehealth consultations and health services.

We may also collect information to fulfil administrative functions associated with these services, for example billing, entering into contracts with you and/or others and managing client relationships.

The purposes for which Vitura usually collects and uses personal information depends on the nature of your interaction with us, but may include:
– enabling you to access and use our websites, associated applications and associated social media platforms;
– to contact and communicate with you;
– for internal record keeping and administrative purposes;
– for analytics, market research and business development, including to operate and improve our websites, associated applications and associated social media platforms;
– to run competitions, promotional activities and/or offer additional benefits to you;
– for advertising and marketing, including to send you promotional information about our products and services and information that we consider may be of interest to you;
– to comply with our legal obligations and resolve any disputes that we may have;
– to provide you with medical consultation services;
– responding to requests for information and other general inquiries; and
– responding to complaints.
Vitura generally collects personal information directly from you. We may also collect personal information about you from other sources, for example:
– Our advertising Partner, NextRoll Inc, performs a hash of your email address in order to serve targeted advertising to other devices connected to you (via cross-device tracking). Additionally, from visitors to our website using tracking technologies such as third-party cookies and non-cookie technologies. Your information is being used for our own marketing purposes. By checking the box for AdRoll , you consented to this. For more information, please see NextRoll’s Privacy Notice.
In addition to the above purposes, we may also process your personal information based on our legitimate interests in marketing, evaluating and developing our products and services as well as compiling statistics and analyses, and also for compliance with legal requirements or for determining or defending legal claims.
How we treat personal information that is also sensitive information
In limited circumstances, Vitura may collect information which is considered sensitive information. Sensitive information includes:
– an individual’s racial or ethnic origin;
– health information;
– genetic information; and
– biometric information that is to be used for certain purposes.
You can always decline to give Vitura any personal information we request, but that may mean we cannot provide you with some or all the services you have requested.

HOW DOES VITURA USE OR DISCLOSE YOUR PERSONAL INFORMATION?

We will only use or disclose your personal information to the service provider who is providing services to you. Subject to the Act, we do not disclose your personal information to others without your permission.

Personal information may be shared between related and affiliated companies of Vitura, located in Australia.

Use and disclosure for administration and management
Vitura may also use and disclose personal information for a range of administrative, management and operational purposes. This includes:
– administering billing and payments and debt recovery;
– planning, managing, monitoring and evaluating our services;
– quality improvement activities;
– statistical analysis and reporting;
– training staff, contractors and other workers;
– risk management and management of legal liabilities and claims (for example, liaising with insurers and legal representatives);
– responding to enquiries and complaints regarding our services; and
– responding to subpoenas and other legal orders and obligations.
Does Vitura use or disclose your personal information for direct marketing?
Vitura may use or disclose your personal information for the purpose of informing you about our services, upcoming promotions and events, or other opportunities that may interest you. If you do not want to receive direct marketing communications, you can opt-out of receiving marketing material from us at any time.

You can opt-out by using the unsubscribe function in the relevant message or contacting our Privacy Officer using the contact details set out at the end of this privacy policy.

If you opt-out of receiving marketing material from us, Vitura may still contact you in relation to its ongoing relationship with you.

You may also opt-out from receiving cross-device site advertising by selecting the blue opt-out icon used by AdRoll. You will no longer receive personalised ads served by NextRoll.
Other uses and disclosures
We may use and disclose your personal information for other purposes explained at the time of collection or otherwise as set out in this Privacy Policy.

COOKIES

We use cookies on our website. A cookie is a small text file that is stored in your internet browser and registers you as a user. We may collect personal data, such as your IP-address, browser history and information about your use of our website, including click behaviour. Cookies can be used for the following purposes:
– to improve the website’s user-friendliness and personalise the website for you.
– to analyse the use of our website and collect visitor statistics.
– to manage the website and enable use of the features relating to e-commerce.
– to target advertising campaigns from us and others.
By using our website, you consent to our use of cookies.

CAN YOU DEAL WITH VITURA ANONYMOUSLY?

You may visit our websites without identifying yourself where it is lawful and practicable (for example, when browsing). If we do not collect personal information about you, you may be unable to utilise our services. Any personal information you provide to us will be managed in accordance with this Privacy Policy.

HOW DO WE STORE YOUR PERSONAL INFORMATION?

Vitura stores all personal information using electronic record keeping methods in secure databases (including trusted third-party storage providers based in Australia and overseas). We take reasonable steps to protect your personal information from misuse, interference and loss and from unauthorised access, modification or disclosure.

DOES VITURA DISCLOSE YOUR PERSONAL INFORMATION OVERSEAS?

We do not disclose your personal information to anyone overseas.

HOW CAN YOU ACCESS OR SEEK CORRECTION OF YOUR PERSONAL INFORMATION?

You are entitled to access your personal information held by Vitura on request. To request access to your personal information please contact our Privacy Officer using the contact details set out below.

You will not be charged for making a request to access your personal information.

We will take reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete and up-to-date. You can help us to do this by letting us know if you notice errors or discrepancies in information we hold about you and letting us know if your personal details change.

However, if you consider any personal information, we hold about you is inaccurate, out-of-date, incomplete, irrelevant or misleading you are entitled to request correction of the information. After receiving a request from you, we will take reasonable steps to correct your information.

We may decline your request to access or correct your personal information in certain circumstances in accordance with the APPs. If we do refuse your request, we will provide you with a reason for our decision and, in the case of a request for correction, we will include a statement with your personal information about the requested correction.

COMPLAINT ABOUT THE HANDLING OF YOUR PERSONAL INFORMATION?

You may contact Vitura at any time if you have any questions or concerns about this Privacy Policy or about the way in which your personal information has been handled. You may make a complaint about privacy to the Privacy Officer at the contact details set out below.

The Privacy Officer will first consider your complaint to determine whether there are simple or immediate steps which can be taken to resolve the complaint. We will generally respond to your complaint within a week.

If your complaint requires more detailed consideration or investigation, we will acknowledge receipt of your complaint within a week and endeavour to complete our investigation into your complaint promptly. We may ask you to provide further information about your complaint and the outcome you are seeking. We will then typically gather relevant facts, locate and review relevant documents and speak with individuals involved.

In most cases, we will investigate and respond to a complaint within 30 days of receipt of the complaint. If the matter is more complex or our investigation may take longer, we will let you know.

If you are not satisfied with our response to your complaint, or you consider that Vitura may have breached the APPs or the Privacy Act, a complaint may be made to the Office of the Australian Information Commissioner (OAIC). The OAIC can be contacted by telephone on 1300 363 992 or by using the contact details on the OAIC website.

CHANGES TO THIS PRIVACY POLICY?

Vitura may amend this Privacy Policy from time to time, with or without notice to you. We recommend that you visit our website regularly to keep up to date with any changes.

HOW CAN YOU CONTACT VITURA?

The contact details for Vitura are:
Vitura’s Privacy Officer
Email address: privacyofficer@vitura.com.au

This Privacy Policy v2.0 was last updated July 2024

Terms of Use

  1. Acceptance of Terms
    1. These terms and conditions (Terms) are between Burleigh Heads Cannabis Pty Ltd ACN 615 904 286, Canview Pty Ltd ACN 636 679 224 (collectively We, Us or Our) and you and governs your use of Our websites www.burleighheadscannabis.com.au, www.canview.com.au (Websites) and the Canview Platform (Platform).
    2. You must accept these terms each time you use Our Websites or access services through Our Platform.
    3. If you do not accept these Terms, you must not use Our Websites or Platform.
  2. Acceptable Use
    1. Access to the Websites and Platform is permitted on a temporary and limited basis for the purpose of browsing the Website or accessing Our services.
    2. We reserve the right to withdraw or amend the Websites and Platform without notice. We will not be liable if for any reason Our Websites and Platform are unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of Our Websites and Platform.
    3. The Sites contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user-generated or any content available on any linked website.
  3. Patient Disclaimer
    1. Canview is not a medical practitioner, doctor, qualified health care professional or any other qualified professional health care provider.
    2. Nothing contained on our Websites or Mobile App is intended to constitute or be used as medical advice, or to diagnose, treat, cure or prevent any disease; nor should it be used for any therapeutic purposes or as a substitute for the advice of Your health care professional.
    3. All content provided on or through the Websites or Mobile App, including but not limited to Third Party content (see clause 16 for more about Third Party content) and all other text, graphics and images is provided for information purposes only.
    4. No doctor-patient relationship is formed between You and Us by Your use of the Mobile App.
    5. You should always seek the advice of a medical practitioner, doctor, qualified health professional or other qualified health care provider if You have questions about any physical or mental health condition or any of the information You receive from Our Websites or Mobile App.
    6. Some of the information CanView provides may become outdated, which may result in it being incorrect. Health care knowledge and health care practice can evolve and change rapidly, and therefore CanView makes no representation or warranty, either express or implied, as to the accuracy, completeness, adequacy, currency or timeliness of the Content provided on the App. CanView will not be liable to You for Your reliance on any incorrect, inaccurate, incomplete or outdated Content on the App.
  4. Account Creation
    1. To use the Platform, you must register for an account with Us and provide certain information about yourself as prompted by the registration form. You warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information at all times. You may not create more than one account. We may suspend or terminate your account at any time if you violate and of our Terms.
    2. You may delete your account at any time, for any reason, by sending an email to enquiries@canview.com.au which includes your full name, email address and your request to delete your account.
    3. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You agree to immediately notify Us of any unauthorised use, or suspected unauthorised use, of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
  5. Intellectual Property Rights
    1. The intellectual property rights in all software and Website content (including photographic images and trademarks) made available to you on or through Our Websites and Platform remain the property of Us or Our licensors and are protected by copyright laws and treaties around the world. We and Our licensor (where appropriate) reserve all such rights. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on these Websites or Platform nor may you use any such content in connection with any business or commercial enterprise without Our written approval.
  6. Provisions of Goods and/or Services
    1. Any goods and/or services that are purchased, ordered or otherwise requested by you using the Platform are provided by Us on the terms and conditions contained in our Terms of Sale, which is located  https://canview.com.au/terms-of-sale/. To the extent that there is any inconsistency between these Terms and Our Terms of Sale, the Terms of Sale shall prevail.
  7. Use of Mobile App by Patients
    1. Subject to these Terms, you may utilise the Canview Mobile App (Mobile App) available for mobile devices.
    2. The rights granted by these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Mobile App, Website or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Mobile App, Website or Services; (c) you shall not access the Mobile App, Website or Services in order to build a similar or competitive service; and (d) except for installing the app for your own personal use, no part of the Mobile App, Website or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. All copyright and other proprietary notices on any Mobile App, Website or Services content must be retained on all copies thereof.
    3. You agree that the availability of the Mobile App is dependent on the third-party app platform from which you received the Mobile App, e.g., the Apple App Store® or the Google Play® Store (App Platform). You acknowledge that this Agreement is between you and Us not with the App Platform. You agree to pay all fees charged by the App Platform in connection with the Mobile App. Each App Platform may have its own terms and conditions to which you must agree before downloading the Mobile App from it. You agree to comply with, and your license to use the Mobile App is conditioned upon your compliance with, all applicable agreements, terms, and conditions of use/service, and other policies of the applicable App Platform.
    4. We reserve the right to withdraw Our Mobile App without notice. We will not be liable if for any reason this Mobile App is unavailable at any time or for any period.
  8. Prescription Services
    1. We do not dispense any medications.
    2. We are not responsible for the delivery or handling of any prescriptions.
    3. We do not set the pricing of any medications or shipping costs.
  9. Prohibitions
    1. Access to Our Websites and Platform is provided to you on the basis that you must not misuse this Website.
    2. Accordingly, you will not do any of the following:
      1. commit or encourage a criminal offence;
      2. transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
      3. hack into any aspect of the Website; corrupt data; cause annoyance to other users;
      4. maliciously interrupt the purchase of Goods and Services from the Website;
      5. infringe upon the rights of any other person’s proprietary rights;
      6. send any unsolicited advertising or promotional material (spam); or
      7. attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
    3. You acknowledge that breaching any of these provisions will constitute a criminal offence and, if breached, We will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
    4. We are not liable for any loss or damage caused by a distributed denial-of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any linked sites.
  10. Liability
    1. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law (ACL), the material displayed on Our Websites and Platform is provided without any guarantees, conditions or warranties as to its accuracy. To the fullest extent permitted by law, We expressly exclude all terms which might otherwise be implied by statute, common law or the law of equity.
  11. Termination
    1. These Terms terminate automatically if, for any reason, we cease to operate the Websites or Platform.
    2. We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
  12. General
    1. You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
    2. If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
    3. Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.
    4. This Agreement is governed by the laws of the of Victoria, Australia and each party submits to the jurisdiction of the courts of the Victoria, Australia.
  13. Amendment
    1. We reserve the right to amend these Terms from time to time at Our discretion (Amendments). Amendments will be effective immediately. Where practicable we will endeavour to notify you of the Amendments to these Terms. Your continued use of the Websites and Platform following any such Amendment will represent an agreement by you to be bound by the Amendments to the Terms. We suggest you check the Terms regularly to ensure you are aware of the most up to date version.
  14. Complaints  
    1. How to Make a Complaint

We are committed to addressing any complaints or feedback promptly and professionally. If you wish to provide feedback or lodge a complaint, you can do so via the following methods:

email: enquiries@canview.com.au

Your complaint will be acknowledged within 24 hours of receipt by Canview Customer Support.

Dated: 16/01/2025