our, we and us means “Canview Pty Ltd CAN 639 650 927, and CDA Health Pty Ltd 632 054 230 and subsidiaries” and includes our representatives, agents, successors and assigns.
Services means the medical services which we will provide to you, subject to these Terms and Conditions.
you and your means the patient named in the online.
Scope of Services
This Agreement sets out the terms and conditions of our ongoing professional relationship with you and on which we will provide you with medical services.
We will provide you with the Services in accordance with the terms of the Agreement.
You acknowledge that we can only provide you with the Services on the basis of the information you have provided to us.
You acknowledge that from time to time we may ask you to sign certain authorities for us to communicate with third parties in order for us to provide the Services. If you do not sign these documents when we ask you to, then that may limit our ability to provide you with the Services.
Any request to book an appointment with one of our agents, consultants or employees shall be deemed to constitute a request to vary the terms of the Agreement to include that appointment within the scope of the Services for the Fee specified as payable for that type of appointment in the Fee Schedule. If we accept such a request by making an appointment for you to see one of our doctors, that shall be deemed to constitute our acceptance of your offer to vary the scope of the Services.
You acknowledge that the Services do not include the provision of medicinal cannabis products and that you will be responsible for purchasing medicinal cannabis and all other associated materials for the use of medicinal cannabis from a third party at your own cost.
We will charge you the relevant fee set out in the Fee Schedule as the Fee for the Services we provide under this Agreement.
You must make payment of the Fee in full prior to your appointment with us at the time you make your booking, notwithstanding any right you may have to claim reimbursement for some or all of that Fee from a third party such as a private health insurance provider.
Unless stated otherwise, all fees are inclusive of GST (as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Each of the fees are payable by you personally without deduction or set-off.
If you fail to pay any monies due to us by their due date for payment then we reserve the right to suspend and withhold our services until payment is received in full.
The Fee specified for an initial consultation includes the preparation of one product application on your behalf. In the event that more than one product application is required for your circumstances, we reserve the right to charge you the administration fee specified in the Fee Schedule for each additional product application that is requested or required and you agree to pay any amount charged under this sub-clause.
The Fee specified for a consultation does not include the preparation of any correspondence to any third party other than one product application to the Therapeutic Goods Authority and expressly excludes the preparation of any letters to insurers, medical funds and/or the Department of Veteran Affairs. In the event that any additional correspondence to any third party is requested, we reserve the right to charge the administrative fee specified in the Fee Schedule for the additional service of preparing the correspondence and you agree to pay any amount charged under this sub-clause.
The Parties agree that we may direct you to make payment of the Fee to our related body corporate who will accept the payment on our behalf and you must comply with any such directions. For the avoidance of doubt, any payment of the Fee to our related body corporate in accordance with a direction issued under this clause shall constitute performance of your obligation to pay the Fee to us.
We will comply with all laws and regulations governing the Services we provide, together with any mandatory code of ethics we may be required to abide by from time to time.
We will provide you with the Services with the level of due care and skill that is reasonably expected of a medical professional.
We will inform you about any changes to laws or regulations governing the Services we provide you which impacts our fees and charges, or the terms on which we provide our services.
Bookings and Cancellations
To re-schedule a booking, you must notify us that you want to re-schedule the booking at least 48 hours prior to the scheduled time of that booking. If you provide us with less than 48 hours but more than 24 hours’ notice, we reserve the right to charge you the cancellation fee specified in the Fee Schedule as compensation for your breach of this Agreement and you agree to pay any amount charged under this sub-clause. If you provide us with less than 24 hours’ notice of your intention to reschedule your booking, we reserve the right to charge you an amount that is equal to the fee that would have been payable for that booking as compensation for your breach of this Agreement and you agree to pay any amount charged under this sub-clause.
If you want to cancel a booking, you must notify us that you want to cancel the booking at least 48 hours before the scheduled time for that booking. If you provide us with less than 48 hours but more than 24 hours’ notice, we reserve the right to charge you the cancellation fee specified in the Fee Schedule as compensation for your breach of this Agreement and you agree to pay any amount charged under this sub-clause. If you provide us with less than 24 hours’ notice of your intention to cancel your booking, we reserve the right to charge you an amount that is equal to the fee that would have been payable for that booking as compensation for your breach of this Agreement and you agree to pay any amount charged under this sub-clause.
For the avoidance of doubt, a booking will be deemed to be cancelled and not rescheduled if the original booking is cancelled and you do not make another booking at the same time that you contact us to cancel the booking.
Notwithstanding any other term of this agreement, if you reschedule a booking and then subsequently seek to cancel the rescheduled booking, clause 5.2 shall not apply and that cancellation shall be deemed to be a breach of this Agreement. In those circumstances, we reserve the right to charge you an amount that is equal to the fee that would have been payable for that rescheduled booking as compensation for your breach of this Agreement
We may at our utmost unfettered discretion elect to waive our right to charge you an amount that is chargeable under this clause or elect to charge you an amount that is less than the full amount that could be charged. Any such election shall not restrict or restrain our discretion to exercise our legal rights under this Agreement in relation to any other amounts that may be chargeable under the terms of this Agreement from time to time. For example, our representative may elect to exercise our discretion to discount the Fee by charging an amount that is less than the full amount chargeable under the Fee Schedule with reference to a patient’s personal and financial circumstances but they shall not be required to extend the same discount to any other patient.
You irrevocably agree that we may apply any funds we hold from you towards the payment of any liabilities arising under this clause 5. Any obligations to pay a liability under this clause 5 shall survive the termination of this agreement and shall remain enforceable against you notwithstanding that one of the parties has elected to terminate this Agreement.
You agree that any instructions you provide to us are subject to this Agreement and any applicable laws.
You warrant that all instructions, including but not limited to any instructions you provide to us about your condition and/or symptoms, are true and correct. You acknowledge that you are responsible for any loss or damage arising as result of any of your instructions being incorrect except to the extent of any negligence on our behalf.
You must provide us with all information we reasonably request in a clear, accurate and timely manner. You acknowledge that any failure to do so may prevent us from providing you with the Services in a timely manner.
If you do not provide us with sufficient information, there is a risk that the Services we provide may not be suitable to your circumstances.
All information supplied by you will be treated in line with applicable privacy laws.
Documents We Provide To You
It is important for you to read all documents provided by us and notify us promptly of the decision taken on any recommendation or if the meaning of any information is unclear. Unless you communicate otherwise, we will presume that you understand the documents we have provided.
If we need to contact you, we will use the contact details you provide to us.
Any communication that is posted will be deemed received the third business day following posting. Any communication sent electronically will be deemed received on the first business day that it could have been read by the recipient unless the sender has reason to suspect that the communication was not delivered.
You are responsible for ensuring that we have up-to-date contact details for you. You must inform us if you change your contact details.
You consent to us sending you marketing materials that we consider relevant from time to time, unless you ask us to cease doing so.
Liability and Indemnities
You acknowledge and agree that while we and our representatives will exercise due care and skill when providing the Services, we do not give any assurance or warrant any particular outcome.
To the maximum extent permitted by law, we exclude all guarantees, terms, conditions, warranties, undertakings, inducements or representations whether express of implies statutory or otherwise, relating to this Agreement.
We are not responsible for any loss incurred by you as a result of any act, omission, deceit, neglect, mistake or default of any third party except to the extent that the loss is attributable to our negligence or material breach of this agreement.
To the extent that any loss, liability cost or expense to you is caused by our breach of this Agreement, you irrevocably agree that our liability is limited to the extent permitted by law to the value of the supplying the Services again. For the avoidance of doubt, you expressly acknowledge and irrevocably agree that we shall not be liable for any consequential loss or damage resulting from any breach of this agreement howsoever suffered or incurred, whether or not that loss was reasonably foreseeable.
To the extent that any loss, liability cost or expense to you is caused by our negligence, fraud or dishonesty, you irrevocably agree that our liability is limited to the extent permitted by law to the value of the supplying the Services again.
You agree to indemnify us against the reasonable costs of any actions, proceedings, claims, demands, taxes and expenses incurred by us as a result of providing the Services to you pursuant to this Agreement. Taxes include all stamp duty, registrations, and other duties, levies, deductions and charges whatsoever.
This clause 9 survives termination of this Agreement.
By entering into this Agreement, you warrant that:
you have the power and authority to enter into this Agreement;
you are relying solely on the representations contained in the express terms of this Agreement and are not relying on any other representations by us or our directors, employees, contractors, agents or authorised representatives to decide whether to engage us on these terms;
the information you have provided to us is true and correct in every particular; and
your obligations under this Agreement are valid and enforceable against you.
This clause 10 survives termination of this Agreement.
We may, acting reasonably, amend the terms on which we provide the Services (including the fees we charge for those services) by providing you reasonable written notice, unless the amendment is needed to comply with a change in a law or regulation which affects a term of this Agreement. If that is the case, we will make the required amendment to the extent necessary and will notify you of the amendment as soon as reasonably practicable together with the reason for the amendment.
In addition to the previous subclause, this Agreement may be amended by the mutual agreement of the parties.
Term, Renewal and Termination
Unless this Agreement is amended, it commences from the date on which you accept this Agreement and continues until terminated by one of the Parties.
This Agreement may be terminated by either party without cause, by providing the other party with written notice.
Upon termination of this Agreement, our obligation to provide further services will cease, and you will remain liable to pay us any outstanding fees and charges associated with the Services we have provided up to the effective time of termination.
This Agreement replaces and supersedes any existing agreement, arrangement or understanding which you may have entered into with us.
Notwithstanding any other term of this agreement, you agree that the terms of our engagement shall be confidential and any information provided to you by us is being provided on a confidential basis which is subject to a common law duty of confidence in addition to any contractual duty of confidence arising out of the terms of this Agreement.
We may assign our interest and responsibilities under this Agreement by prior written notice to you without needing your consent.
You may not assign your interest under this Agreement to any other person without our prior written consent.
It is the intention of the parties that if any term of this Agreement is capable of two constructions one of which would render the term void and the other which would render the term valid, then the term will have the meaning which renders it valid.
If any term of this Agreement is invalid or unenforceable then that term will be deemed deleted and the remainder of this Agreement will remain in full force and effect.
No delay or omission to exercise any right, power or remedy accruing to a party under this Agreement will impair any right, power or remedy of that party nor will it be construed to be a waiver of the right of the party at a later time to enforce the right, power or remedy.
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.
This Agreement is governed by the law in force in the State of Queensland and the parties agree to the non-exclusive jurisdiction of the courts of Queensland.
This Agreement may be signed and/or exchanged electronically and/or in counterparts.
Unless the law requires otherwise, you consent to receiving all communications and documents we may be required to provide you, electronically, and vice versa.
You consent to us retaining all records and documents relating to the Services we provide in electronic format for 7 years from the date of their creation or for any other time period as the law may require.
For the avoidance of doubt, these terms and conditions contain the terms on which we are offering to provide you with the Services and you must accept the terms of that offer before we will provide you with the Services.
You may accept this Agreement by making the necessary declaration during your online application on our website. Your acceptance can also be construed from your conduct, if you tell us you give your acceptance whether orally or in writing, or if you give us instructions after this Agreement has been provided to you