COMMERCIAL TERMS OF SALE
This Commercial Credit Application (the Application) constitutes an offer by the Customer and the Principal Pharmacist (as described below) (jointly and severally, the Customer) **note you will need to ensure your registration document contains a principal pharmacist section for their details** to open an Account with Burleigh Heads Cannabis Pty Ltd ACN 615 904 286 (collectively the Supplier(s)) for the provision of goods and services, subject to the Terms and Conditions attached as Annexure A (the Offer).
The Customer hereby consents to the Supplier obtaining a credit report from a Credit Reporting Agency using the information provided in the Application for the purpose of evaluating the Customer’s financial capacity to complete the Offer and comply with the Terms and Conditions attaches as Annexure A at the initial application stage or at any time during which the Supplier is providing the Customer goods and services in accordance with the Terms and Conditions.
The Supplier may (at its sole discretion) accept or reject the Offer. If the Supplier accepts the Offer, the Customer and the Supplier agree that a contract shall form between them (Contract) and the Terms and Conditions attached as Schedule A shall form the terms and conditions of that Contract.
CONSENT AND EXECUTION BY CUSTOMER
The Customer acknowledges and declares that any credit facility that may be provided by the Supplier pursuant to the Contract (and any goods and services provided by Supplier pursuant to the Terms and Conditions of the Contract) is for business and commercial purposes and will be used wholly or predominantly for business and commercial purposes.
The Customer agrees and acknowledges that they have had the opportunity to seek legal advice, and that they execute the Contract freely.
By signing this Contract via the ticked checkbox on the relevant registration page, the Customer acknowledges and agrees that they have read the Terms and Conditions attached as Schedule A and the Customer expressly understands that any goods and/or services provided by the Supplier will be subject to the Terms and Conditions of the Contract:
WARNING: By executing the Contract, you warrant and promise to perform, and with no obligation on the Supplier to first exhaust remedies against the Customer, the obligations of the Customer to the Contract, including but not limited to the offer of security (including the offer of a caveatable interests and/or mortgages over real property), the payment of interest, costs, and penalties due and payable under this Contract, at call and at any time.
By executing this Contract via the tick box on the registration form, which the parties accept is a valid Electronic Signature, you accept to perform the obligations of the Customer under this Contract.
You agree and acknowledge that you have had the opportunity to seek legal advice and that you execute the Contract freely.
SCHEDULE A – TERMS AND CONDITIONS
In the interpretation of this Contract:
- (a) each of the Parties hereto to may be referred to individually as a “Party”, and collectively as the “Parties”;
- (b) references to legislation or provisions of the legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;
- (c) words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or Contracts also mean those documents or Contracts as changed, novated or replaced, and words denoting one gender include all genders;
- (d) grammatical forms of defined words or phrases have corresponding meanings;
- (e) the Parties must perform their obligations on the dates and times fixed by reference to the Gold Coast, Queensland;
- (f) reference to an amount of money is a reference to Australian Dollars;
- (g) if the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next business day;
- (h) references to a Party are intended to bind their executors, administrators and permitted transferees; and
- (i) obligations under this Contract affecting more than one party bind them jointly and each of them severally.
- (a) The Customer must register with the Supplier by completing the Registration Form provided by the Supplier to the Supplier’s satisfaction. The Customer may not place an order without completing the Registration Form.
- (b) The Customer is required to place an order for goods (Goods) in writing with the Supplier by using the Supplier’s order form and submitting all other documents specified by the Supplier, including but not limited to any relevant prescription documents, and such shall constitute a request to vary this contract to include the provision of those goods and/or services by the Supplier as a term of this contract (Order).
- (c) The Supplier may either accept or reject the Order.
- (d) If the Supplier accepts the Order, then the Order shall be taken to constitute a written variation to this Contract on the following terms:
- The Supplier agrees to provide the Goods described in the Order to the Customer; and
- The Customer agrees to pay the price for the Goods stated in the Order to the Supplier.
BURLEIGH HEADS CANNABIS RETURNS & REPLACEMENT POLICY
We are committed to 100% customer satisfaction. If you need to return a product under any of the reasons listed below, or if there is an issue with your product, we aim to quickly correct the problem and credit the amount you paid. We encourage you to call Customer Service before returning a product that is used so we can provide you with the best service.
We have listed our different categories of returns, as well as the requirements and steps below to make the process as easy as possible.
SECTION ONE: RETURN / CREDIT REQUEST STEPS
SECTION TWO: REQUIREMENTS FOR ALL RETURNS
SECTION THREE: RETURN CATEGORY POLICIES
SECTION ONE: RETURN / CREDIT STEPS
To submit a request for a return and credit:
- Use the online returns form located inside the order history tab of your account to search for an order
- Click on the Product Return Form tab at the top of the page and fill out all fields
- A Customer Support team member will review the return and get in touch to approve and provide shipping details or get further information
- Print the PDF Returns form that was sent by email to include in the return parcel
- Once approved, use the original or similar packaging to protect the product and drop at your local post office
- Depending on a credit or replacement:
- A credit – will be applied to your account which will show on your next statement
- A replacement – you will need to place a new order through the CanView Platform that will be sent out and invoiced at $0.00
- For damaged and/or faulty products, there are instances where we do not require them to be returned and can be destroyed by an approved means directly by you. We will notify you if we do not require the products to be returned.
SECTION TWO: REQUIREMENTS FOR ALL RETURNS
All product returns will need to meet these requirements to qualify for a return. BHC reserves the right to deny a return or credit request if these requirements are not or cannot be met:
- Be submitted through the online form with all required fields filled out
- Be sent back on the exact authorisation number (MB / MAP) that they were sent on
- Match the same product name, quantity, batch number, and expiry as what was ordered and submitted on returns form
- Have sufficient protective packaging so as to not get damaged in transit
- Have accompanying print out in the parcel being sent back of PDF returns form
SECTION THREE: RETURN CATEGORY POLICIES
Standard Returns Policy
The following conditions must be met for a standard return.
- The product return form must be submitted within 45 days from the date of receipt of the Product;
- The product must not have been dispensed to the patient;
- The Returning product must be sent via registered mail/courier with tracking (paid by you as the customer);
- The Product must be in the original unopened packaging including all labels, unused condition with no signs of dispensing labels, stickers, or remaining residue
- The Product must have more than 6 weeks shelf life remaining at the time of receipt by us.
Standard Returns can include:
- Product/s that are no longer required by the patient
- Incorrect product ordered by you.
Damaged or Faulty Returns Policy
- The product return form must be submitted within:
- 45 days of receipt of the product; or
- 7 days from dispense date to a patient;
Whichever is the later.
BHC has determined that these are reasonable timeframes to identify whether a product has been delivered to you in a damaged/faulty condition and will not be able to accept returns older than this.
- We will provide free return by registered mail/courier with tracking – We will send a Pre-paid envelope/ Return Labels and/ or postage cost credits will be provided for returns in this category
Damaged or Faulty Returns may include:
- Broken seal
- Broken lid or dropper
- Faulty device
- Validated product quality issue
Items Damaged in Transit or Sent to you in Error
Although we package every order carefully to prevent damage in transit, occasionally an item will arrive damaged or defective. Often there is no need to return damaged or defective items
We also follow careful order picking procedures to ensure every item in your order is correct, but occasionally we do make mistakes. Please call Customer Service so we can correct this problem immediately at our expense.
Short Expiry Product Return Policy
Due to the nature of cannabis products the expiry date per batch and product need to be taken into consideration when ordering and dispensing to patients. All products on the CanView Platform have the expiry date listed within the product page, as well as give you as the customer a notification before adding to the cart if it is within 42 days (6 weeks).
By agreeing to the notification and proceeding with the order, you are accepting that both you and the patient to be dispensed the product understand and accept final delivery of the short expiring product.
BHC is not able to accept returns for any product unless damaged or faulty within 42 days (6 weeks) of a product expiry date when the customer has pre-accepted the expiry date.
Our returns policy is in addition to your rights under the Australian Consumer Law because we want you to be satisfied with your purchase. Please read the following carefully to ensure you are fully aware of your rights under this policy and our obligations to you
Burleigh Heads Cannabis Pty Ltd may elect to return the product to the manufacturer to determine the nature of the problem. Burleigh Heads Cannabis Pty Ltd reserves the right not to offer an exchange or refund where the item fault is a result of misuse or neglect.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. We reserve the right to assess the condition and age of returned products prior to providing an exchange or refund. This may result in an exchange or refund being refused. BHC also reserves the right to refuse returns or offer an exchange or refund to anyone where BHC, in its sole discretion, suspects of abusing its return policy. Please note that we inspect the item(s) and if a product has been used or handled in a way which has diminished its value, we may also reduce the value of the refund to reflect the reduction in the value of the merchandise.
Additional or different terms and conditions may apply in relation to the returns of products that are being recalled by BHC, its affiliates, or suppliers for quality and/or safety reasons.
- (a) The Supplier may, at its own unfettered discretion, impose a monetary limit on the amount of credit that it will provide to the Customer (Credit Limit) by notifying the Customer of that Credit Limit in writing. This may differ from the Requested Credit Limit on the Application.
- (b) If the Credit Limit exceeds the amount of Twenty Thousand Dollars ($20,000.00, then the Supplier may, at its sole discretion, require the Customer’s Directors/Secretary/Partner (as applicable) to provide personal guarantees to the Supplier for the Customer’s obligations under this Agreement in accordance with Clause 2 of this Agreement.
- (c) If the Customer places an Order which would result in the amount of credit supplied to the Customer by the Supplier exceeding the Credit Limit, then the Supplier may, at its own unfettered discretion, accept or reject that Order. If the Supplier accepts an Order under this clause, any amount payable by the Customer to the Supplier for that Order which exceeds the Credit Limit must be paid to the Supplier by the Customer before the Supplier is obligated to deliver the Goods to the Customer.
TITLE TO GOODS
Until all Moneys are paid in full:
- (a) the ownership of and title to the Goods remains at all times with the any person who the supplier is supplying the Goods on behalf of (the Ultimate Supplier);
- (b) the Customer:
- holds the Goods as the Supplier’s and Ultimate Supplier’s fiduciary agent and sub-bailee;
- must properly store the Goods separately from any other goods and in a manner which clearly shows the Ultimate Supplier as the owner of the Goods;
- must ensure the Goods;
- must account to the Supplier for all proceeds of the Goods, including insurance proceeds;
- must permit the Supplier and Ultimate Supplier reasonable access to the Customer’s premises at any time to inspect the Goods; and
- may sell the Goods as fiduciary agent for the Supplier and Ultimate Supplier; and
- shall, as sub-bailee for the Supplier and Ultimate Supplier, hold any proceeds (as that term is defined in the Personal Property Securities Act 2009 (Cth) (PPSA)) of any resale, disposal or other dealing with the Goods or any product incorporating the Goods in trust for the Supplier and Ultimate Supplier and shall pay the proceeds into a separate fiduciary account to be held in trust for the Supplier until accounted for to the Supplier at the demand of the Supplier;
- (c) for the avoidance of doubt, for the purposes of the PPSA, it is the intention of the Parties by this clause 4 that there is created for the benefit of the Supplier and Ultimate Supplier a Purchase Monies Security Interest in the Goods;
- (d) the Customer agrees that the Supplier and Ultimate Supplier may register any personal property security interest created by this Contract on the Personal Property Securities Register and the Customer waives its rights to receive a verification statement (as that term is defined in the PPSA) in respect of any financing statement or financing change statement (as those terms are defined in the PPSA) registered by the Supplier or Ultimate Supplier in respect of any personal property of the Customer. The Parties agree that, insofar as the provisions of Chapter 4 of the PPSA are for the benefit of the Customer or place an obligation on the Supplier and Ultimate Supplier, those provisions will apply only to the extent that they cannot be contracted out of or to the extent that the Supplier or Ultimate Supplier otherwise agrees in writing; and
- (e) if a Default Event occurs, the Supplier or Ultimate Supplier is entitled and permitted to, at its discretion:
- by its servants or agents enter into the Customer’s premises and/or retake possession of the Goods and sell them; or
- seek and sue for recovery of the moneys owing in respect of the Goods.
PRODUCTS AND PRICING
We shall be entitled to vary the Price of a product at our own utmost unfettered discretion, including but not limited to:
- (a) amending the prices of any Product;
- (b) adding Products to the Website;
- (c) removing Products from the Website;
- (d) amending any wholesale or recommended retail price.
Whilst we may give notice of a variation to the price of a product, we are not obligated to notify you of any variation other than by updating the Website.
RISK and DELIVERY
- (a) Despite any other terms of this Contract, the risk passes to the Customer on delivery of the Goods.
- (b) The Customer agrees that it is the Customer’s responsibility to:
- inspect Goods delivered immediately upon delivery and to carry out any tests that a prudent person would carry out;
- give written notice to the Supplier of any alleged irregularities in quantity or description or any faults or defects in respect of any within five (5) working days of delivery.
- (c) The Customer must return a signed ‘Goods Received acknowledgement’ as provided by the Supplier with the Goods, to the Supplier within 24 hours of delivery by either fax or email
- (a) The Supplier may provide the Customer with a delivery notice for each delivery which particularises the goods delivered and the amount payable for those goods.
- (b) For each and every order placed by the Customer, the Supplier will issue an invoice for all goods supplied to the Customer.
- (c) The Customer must pay any amount owing under any invoice within five (5) business days of receipt of that invoice.
- (d) Where a Customer statement shows an aggregate order volume exceeding $5001 in any calendar month, the parties agree that the payment terms are as follows:
The Customer must pay any amount owing under any invoice within five (5) business days of the end of the month in which the invoice was issued by the supplier receipt;
- (e) The Customer agrees to pay interest on any amounts that remain owing after they have fallen due.
- (f) Interest accrues from day to day on the balance of overdue amount on a compounding basis at a rate being five percent (5%) higher than the cash rate set by the Reserve Bank of Australia at the relevant time.
- (a) A Default Event occurs if:
- (i) any amounts are unpaid after they fall due;
- (ii) at any time the debit balance of the Account exceeds the Credit Limit;
- (iii) the Customer is unable to pay its debts as they fall due;
- (iv) the Customer ceases or suspends conduct of its business, or threatens to;
- (v) The Customer’s financial circumstances change in a way which, in the reasonable opinion of the Supplier, will affect the Customer’s ability to comply with its obligations under this Contract;
- (vi) an administrator, liquidator, provisional liquidator, receiver and/or manager or any other form of insolvency administrator or controller is appointed to the Customer or over all or part of the Customer’s assets;
- (vii) the Customer goes into bankruptcy, dies, or commits any act of bankruptcy or, if the Customer is a partnership, the partnership is dissolved;
- (viii) execution is levied on any of the Customer’s assets.
- (b) If a Default Event occurs:
- (i) The Supplier may, at its sole discretion, suspend or terminate the supply of goods and/or services on credit;
- (ii) all unpaid amounts become immediately due and payable;
- (iii) the Supplier may exercise its rights to retake possession of any Goods under clause 4(e);
- (iv) The Customer is liable to pay to the Supplier and the Supplier may recover in full from the Customer a default fee (Default Fee), such Default Fee being an amount that is calculated at a rate up to 12% of the current amount owing to by the Customer to the Supplier as at the time of the Default Event but the Default Fee may not exceed $750.00. It is acknowledged that the purpose of the Default Fee is to defray expenses and costs that will be incurred by the Supplier as a result of the Default Event, including by the Supplier exercising or enforcing or seeking to exercise or enforce a right under these Terms. Such Default Fee may be collected by the Supplier as a liquidated debt;
- (v) In addition to the Default Fee, the Customer is liable to pay to the Supplier and the Supplier may recover in full from the Customer all legal costs and disbursements on a full indemnity basis incurred by the Supplier arising from or as a result of the Supplier exercising or enforcing or seeking to exercise or enforce a right under these Terms.
- (c) The Parties acknowledge that the Supplier’s rights under this clause may be subject to restrictions pursuant to clause 415D of the Corporations Act 2001 (Cth).
- (a) The Guarantor/s (as defined in the Customer Information) unconditionally and irrevocably guarantee to the Supplier the due and punctual payment by the Customer of all monies at any time actually or contingently owing to the Supplier by the Customer, either alone or jointly or severally with others on any account, including without limitation monies payable for goods and/or services provided by the Supplier, interest, costs, and charges, and indemnity or damages incurred by the Supplier.
- (b) If the Customer defaults in payment of any amounts payable under the Contract, the Guarantor/s shall pay those monies immediately upon demand by the Supplier in order to discharge the debt owed by the Customer in full.
- (c) The Guarantor/s agree that a written demand for payment from the Supplier or their legal representative shall be deemed adequate evidence of the existence of a debt owed by the Customer to the Supplier.
- (d) In the event of any liquidation, provisional liquidation, receivership, voluntary administration, deed of company arrangement, scheme of arrangement or other administration in insolvency of the Customer, the Guarantor/s agree that they will not take any enforcement action or claim any security interests against the Customer that are in conflict with the interests of the Supplier.
- (e) Each Guarantor hereby charges and creates in favour of the Supplier a security interest in all of the Guarantor’s present and future beneficial interests in real property and all of the Guarantor’s present and after-acquired property (Charged Property). For the avoidance of doubt, each Guarantor irrevocably consents to the Supplier registering a caveat over each property owned by the Guarantor, whether personally, in a trust, or in a company of which the Guarantor is an officer. Each Guarantor further agrees that on demand by the Supplier, the Guarantor will immediately execute such caveat, mortgage, personal property security registration or other instruments of security as required by the Supplier, and in the event that a Guarantor fails to do so within a reasonable time, the Guarantor hereby appoints the Supplier’s solicitor to act as its true and lawful attorney to execute and register such security instrument. No Guarantor will object to the lodgement of a caveat noting the Supplier’s security interest pursuant to the terms of this Contract. The Guarantor indemnifies the Supplier for all costs, losses, and damages (including legal fees and registration fees) associated with registering a security interest under this clause.
INDEMNITY & CHARGE
The Customer hereby charges and creates in favour of the Supplier a security interest in all of the Customer’s present and future beneficial interests in real property and all of the Customer’s present and after-acquired property (Charged Property). For the avoidance of doubt, each Customer irrevocably consents to the Supplier registering a caveat over each property owned by the Customer, whether personally or a trust. The Customer further agrees that on demand by the Supplier, the Customer will immediately execute such caveat, mortgage, personal property security registration or another instrument of security as required by the Supplier, and in the event that the Customer fails to do so within a reasonable time, the Customer hereby appoints the Supplier’s solicitor to act as its true and lawful attorney to execute and register such security instrument. The Customer will not object to the lodgement of a caveat noting the Supplier’s interest pursuant to the terms of this Contract. The Customer indemnifies the Supplier for all costs, losses, and damages (including legal fees and registration fees) associated with registering a security interest under this clause.
PRIVACY ACT DECLARATION
- (b) The Customer and any Relevant Persons acknowledge and agree that they are informed (by the reading of the text of this Declaration and Authority) in accordance with s18E(8)(c) of the Privacy Act, that certain items of personal information about the Customer and any Relevant Persons contained in this application, or which may be subsequently obtained and permitted to be kept on a credit information file in accordance with s18K(1)(b) or s18K(1)(h) of the Privacy Act might be disclosed to a credit reporting agency by the Supplier. This information includes, among other things, particulars such as identity, the fact an application for credit was made by the Customer and the amount of credit sought, details of current providers of credit and details of any credit at least sixty (60) days overdue, cheques dishonored and serious credit infringements.
- (c) To assist in the processing of this Application, the provision of credit and/or the recovery of any overdue account, the Customer and any Relevant Persons hereby authorise the Supplier, its successors and/or assigns to:
- (i) obtain information about their personal or commercial creditworthiness from their bank and any other credit provider and credit reporting agency for the purposes of assessing the application, the provision of credit and/or the recovery of any overdue account, or in connection with any guarantee;
- (ii) use, disclose or exchange with other credit providers information about their personal or commercial credit arrangements in order to assess the application (including whether to accept as a guarantor any person submitting the application), and collect overdue accounts;
- (iii) disclose the contents of the credit report by a credit reporting agency to the Supplier’s solicitors or mercantile agents.
- (d) The Customer and any Relevant Persons agree that if the Supplier approves this Application, this authority remains in force until any credit facility granted as a result of this application ceases in accordance with s18K(1)(C) of the Privacy Act.
- (e) By completing and returning this Application to the Supplier, the Customer and any Relevant Persons confirm their written consent to the above requirements in accordance with the Privacy Act.
METHOD OF PAYMENT
- (a) All payments to be made under this Contract by the Customer must be made by electronic transfer in clear funds to an account nominated by the Supplier, on or before the relevant due date, without any setoff, counterclaim or deduction for or on account of any income or other taxes, imposts, deductions or other withholdings of any kind.
- (b) For the avoidance of doubt, the Supplier may agree to accept payment in an alternative method.
BILLING AND INTEREST
The Customer hereby agrees that if the Customer defaults on payment of our amounts due and owing, the Supplier may list information about that default with a credit reporting agency, pursuant to section 18E(1)(b) of the Privacy Act.
- (a) Either Party may terminate this Contract on thirty (30) days’ written notice.
- (b) The Supplier may terminate this Contract immediately if a Default Event occurs.
- (c) Should this Contract be terminated at any time, the Customer remains liable for the fees and costs up until termination.
- (d) If the Customer does not pay monies in accordance with the Contract, the Supplier may suspend work and may cease acting for the Customer.
- (e) The Customer will be required to pay the Supplier’s professional fees, fees for other items and expenses and disbursements up to the date of termination.
- (a) In the course of providing goods and/or services under this Contract, the Supplier may collect personal information about the Customer and the Customer’s representatives and employees. This personal information will only be disclosed and used for the purposes of carrying out this Contract or otherwise in accordance with the Customer’s instructions.
- (b) Personal information about the Customer, provided by the Customer and other sources, is protected under the Privacy Amendment (Private Sector) Act 2000 (Cth). Disclosure of such information may be compelled by law (e.g. under the Social Security Act 1991 (Cth)).
- (c) Except where the Customer has otherwise agreed or otherwise direct the Supplier, the Supplier can also disclose the fact that it has supplied the Customer in any of its tender or marketing or business documents.
- (d) The Customer may have rights under the Privacy Act 1988 (Cth) to obtain access to the personal information the Supplier has about the Customer. The Customer may ask the Supplier not to send direct marketing materials to the Customer by contacting the Supplier.
- (a) If any Relevant Person is signing and agreeing to these Terms as a director or trustee of a private corporation or a trust, the Relevant Person acknowledges that he/she:
- (i) is signing and agreeing on behalf of each and every director or trustee of the Entity and is binding the Customer and every director of the Customer to these Terms and, in doing so, warrant to the Supplier that he/she acting as the authorised agent with actual authority on behalf of the Customer to do so; and
- (ii) guarantee to the Supplier the performance by the Customer of these Terms and indemnify the Supplier in the failure by the Customer to perform any of these Terms, including in particular as to payment of any fees, charges, and expenses due and owing to the Supplier.
- (b) The Supplier may also require the Directors of the Customer to provide a personal guarantee or other security for the Supplier’s fees, charges and expenses including but not limited to a legal or equitable mortgage, legal or equitable charge, lien, consent or caveat over any property in which the Customer has a legal or equitable interest. The cost of providing such security will be at the Customer’s expense.
- (c) The Customer (including the Principal Pharmacist) Hereby warrants that they hold the correct licences and authorities to purchase, obtain, hold and resell the Goods (including but not limited to Schedule 4 and Schedule 8 of the Therapeutic Goods Regulations 1990 and warrants that each time it submits an order, this warranty remains current and correct. The Customer (including the Principal Pharmacist) hereby indemnify the supplier for any loss or damage suffered by the Supplier as a result of the breach of this warranty.
LIMITATION OF LIABILITY
- (a) To the maximum extent permitted by law, the Supplier excludes all guarantees, terms, conditions, warranties, undertakings, inducements or representations whether express or implies statutory or otherwise, relating to this Contract.
- (b) The maximum liability of the Supplier for a breach of their obligations under this Contract shall be limited to the cost of replace or repairing (at the Supplier’s sole discretion) the goods, or in the case of services, the supplying of the services again.
No Party hereto will be liable nor deemed to be liable to the other Party for failure or delay in meeting any obligation hereunder due to strikes and/or lockouts (whether of their own employees or those of others and whether or not the Party against whom such action is taken could have avoided the same by acceding to the demands of the employees responsible for such action) Acts of God war fire flood embargo litigation acts of government or any agency instrumentality or any political subdivision thereof or any other cause beyond the control of the Party which had the duty to perform. In any such event, the time for performance of the obligations under this Contract will be extended by the same period or periods (as the case may be) for which performance is delayed. The Party so affected will use its best endeavours to avoid or remove such causes of non‑performance and will continue performance hereunder with the utmost despatch as soon as such causes are removed provided that nothing in this clause will be construed as requiring the affected Party to settle any industrial dispute.
In the event that any provision of this Contract is deemed invalid, illegal or unlawful, or is otherwise incapable of enforcement, all other provisions of this Contract shall nevertheless prevail and remain in full force and effect.
A waiver by a Party of any right hereunder shall only be effective if provided in writing by the Party. Failure by the Party to condone the delay or failure to comply with any of the terms or conditions of this Contract shall not be deemed a waiver of the right to do so and shall not affect the Party’s ability to exercise such right or pursue its remedies hereunder in respect of such delay or failure as and when the Party sees fit.
A communication required by this Contract, by a Party to the other Party, must be in writing and may be given to them by being:
- (a) delivered personally; or
- (b) posted to their address specified in this Contract, or as later notified by them, in which case it will be treated as having been received on the second (2nd) business day after posting; or
- (c) sent by email to their email address, when it will be treated as received when it enters the recipient’s information system.
This Contract is personal to the Parties and cannot be transferred, assigned, charged or otherwise dealt with by the Customer.
ELECTRONIC SIGNATURE AND COMMUNICATION
- (a) If this Agreement is signed by any person or entity using an electronic method of signing that identifies the person and indicates their intention to sign the Agreement (an Electronic Signature), the Parties:
- (i) Agree to enter into this Agreement in electronic form;
- (ii) Agree to submit and receive orders in electronic form; and
- (iii) Consent to any or all Parties signing the Agreement using an Electronic Signature.
- (b) When the Customer uses any of the Burleigh Heads Cannabis or CanView Websites or send e-mails, text messages, and other communications to the Supplier, the Customer is communicating with the Supplier electronically. The Supplier will communicate with the Customer electronically in a variety of ways, such as by e-mail, text, in-app push notices, or by posting e-mail messages or communications on the website or through the other services, such as the Supplier’s messaging system. The Customer consents to receive communications from the Supplier electronically and agree that communications that the Supplier provides to the Customer electronically satisfy any legal requirement that such communications be in writing.
- (c) The Parties agree that by accepting these terms and conditions via electronic checkbox, they are using an electronic method indicating their intention to sign the Agreement.
RELATED TERMS AND CONDITIONS
- (a) These Burleigh Heads Cannabis Sales Terms and Conditions are in addition to and supplement:
- (i) BHC & CanView Website Terms and Conditions;
- (iii) The Registration Form;
- (iv) Burleigh Heads Cannabis Returns Policy; and
- (b) The Parties agree that by agreeing to these Burleigh Heads Cannabis Sales Terms and Conditions the Customer agrees to the terms of the Related Agreements and the Supplier reserves the right to change any of the terms and conditions contained within this Agreement or a Related Agreement by giving 7 days notice.
COPYRIGHT, TRADEMARKS AND OTHER RIGHTS
- (a) All content included in or made available through the Burleigh Heads Cannabis/CanView marketplace, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of the Supplier or the Ultimate Supplier and is protected by Australian and international copyright and authors’ rights laws and (where applicable) database right laws.
- (b) Other than to the extent necessary to use the Burleigh Heads Cannabis/CanView marketplace for its permitted purpose and in accordance with these Terms and Conditions, the Customer may not copy, extract and/or re-utilise any content of the website without the Supplier’s express written consent, including, without limitation, any product listings, descriptions, prices and account information. In particular, the Customer may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the Website or its content, without the Supplier’s express written consent. The Customer may also not create and/or publish its own database that features substantial parts of the Website or its content without the Supplier’s express written consent.
- (c) Graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Website are trademarks or trade dress of the Supplier or the Ultimate Supplier. These trademarks and trade dress may not be used in connection with any product or service, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Supplier or Ultimate Supplier. All other trademarks not owned by the Supplier that appear are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Supplier. The Customer may not frame or use framing techniques to enclose any trademark or logo (including images and text) of the Supplier without the Supplier’s express written consent.
- (a) The Customer is responsible for maintaining the confidentiality of its account and password. Except to the extent caused by the Supplier’s breach of this Agreement, the Customer is responsible for all activities that occur under its account regardless of whether the activities are authorised by the Customer or undertaken by the Customer, and the Supplier is not responsible for unauthorised access to or use of the Customer’s password or account. The Customer should take all necessary steps to ensure that its password is kept confidential and secure and should inform the Supplier immediately if the Customer has any reason to believe that its password has become known to anyone else, or if its password is being, or is likely to be used in an unauthorised manner. The Customer must ensure that the details it provides to the Supplier are correct and complete, and inform the Supplier of any changes.
- (b) If the Supplier has concerns with the Customer’s account, or activity relating to its account, or if the Customer is in breach of any applicable laws, these Terms and Conditions, or any Related Agreements, the Supplier reserve the right to take action on the Customer’s account including without limitation by:
- (i) refusing service;
- (ii) suspending or restricting access to the Customer’s account;
- (iii) terminating the Customer’s account; or
- (iv) removing or editing content the Customer posted using its account.
The action the Supplier elects to take and any notice the Customer may receive will vary depending on the circumstances and the Supplier’s assessment of relevant factors.
- (a) Unless otherwise stated on the website, delivery estimates and dates are just estimates. They are not guaranteed delivery times and should not be relied upon as such.
- (a) Due to the nature of the Goods sold, the Customer agrees that if it wishes to return a Good purchased, it must follow the Burleigh Heads Cannabis Returns Policy.
- (b) Prior to sending any return, the Customer must complete the Return Form on our website which will provide the terms for the return of the Goods.
This Contract is governed by the laws of Queensland, and the Parties submit to the non-exclusive jurisdiction of the Courts of Queensland and the Commonwealth of Australia.