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Definitions and interpretation

In these Terms and Conditions, unless otherwise indicated:

Agreement means the Terms of Use, Shipping and Returns Policy, and AnodyneCann Platform Policy, contained within these Terms and Conditions.

‍Australian Consumer Law means the law set out in schedule 2 of the Competition and Consumer Act 2010 (Cth);

‍AnodyneCann Platform refers to the platform upon which a person can access consultations with practitioners and purchase products from our partner pharmacies.

‍User refers to a person who accesses or uses the AnodyneCann Platform or Site;

‍User Content means any and all information and content that a User submits to, or uses with, the Site or Services, including without limitation, content in the User’s profile, User reviews and/or postings;

‍Site refers to anodynecan.com.au

Terms of Use

AnodyneCann Pty Ltd (AnodyneCann, us, we, or our) own and operate the Site. Access to and use of the Site and the products and services available through the Site (collectively, Services) is subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing to all the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

The Site provides a platform for you to access consultations with medical and other health practitioners.  AnodyneCann is not responsible for the advice provided by those practitioners and does not make any representations about their expertise or suitability of the advice provided, or not provided.  The Site may also provide you with access to pharmacies or businesses which may dispense products prescribed or recommended by a practitioner.  AnodyneCann is not responsible for the quality or suitability of those products.

Amendment of the Terms of Use

AnodyneCann reserves the right to amend the Terms of Use at any time. Any changes will be published on the Site.  Amendments will be effective upon publication on the Site. Your continued use of the Site represents an agreement to be bound by the amended Terms of Use.

Linked sites

The Site contains links to other websites which are not owned or operated by AnodyneCann, for your information and convenience. AnodyneCann has no control over websites which it does not own or operate and accepts no responsibility for any loss or damage that may arise from your use of other websites.

Privacy policy

Anodynecann’s Privacy Policy (the Privacy Policy) sets out how we will collect, use and disclose your information. By using the Site, you consent to the collection, use and disclosure of your information in accordance with the Privacy Policy. The Privacy Policy can be accessed here

Intellectual property

1. Apart from any use permitted under the Copyright Act 1968 (Cth) you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute content on the Site in any way except as expressly provided for on the Site or expressly authorised in writing by AnodyneCann. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material available on the Site.
2. Excluding User Content, you acknowledge that all the intellectual property rights in the Site and Services are owned by AnodyneCann or Anodynecann’s licensors. The provision of the Site and Services does not transfer to you or any third party, any rights, title, or interest in or to such intellectual property rights.
3. Copyright/Trademark Information. Copyright © 2020, AnodyneCann Pty Ltd. AnodyneCann™; the AnodyneCann logo; “ANODYNECAN” (collectively, Marks) are trademarks of AnodyneCann Pty Ltd. You acknowledge and agree that You are not permitted to use Anodynecann’s Marks or any third-party marks displayed on our site without prior written consent from, respectively, AnodyneCann Pty Ltd or the owners of such third-party marks.
   
   

Eligibility

You must be 18 years of age to use the AnodyneCann Platform within Australia.

Accounts

1. In order to use certain features of the Site (e.g. the AnodyneCann Platform), you must register for an account with AnodyneCann (AnodyneCann Account). You will be prompted to provide information about yourself by the AnodyneCann Account registration form. You represent and warrant that:

(i) all required registration information you submit is complete and accurate;

(ii) and you will maintain the accuracy of such information at all times.

1. You may not create more than one AnodyneCann Account.
2. AnodyneCann may suspend or terminate your AnodyneCann Account in accordance with these Terms of Use.
3. You may delete your AnodyneCann Account at any time, for any reason, by sending an email to info@anodynecann.com.au which includes your AnodyneCann Account email, full name and your request to delete your account.
4. You are responsible for maintaining the confidentiality of your AnodyneCann Account login information and are fully responsible for all activities that occur under your AnodyneCann Account. You agree to immediately notify AnodyneCann of any unauthorized use, or suspected unauthorized use, of your AnodyneCann Account or any other breach of security. AnodyneCann cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

1. We may permit you to login to the Site or Service or otherwise associate your AnodyneCann Account with your login credentials from certain social networking sites (SNS) (for example, Facebook and Twitter). We may receive information about you from a SNS, in accordance with the terms and conditions of the SNS.

Disclaimers

1. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on the Site is provided without any guarantees, conditions, or warranties as to its accuracy.
2. All information contained on the Site and services is for informational purposes only and is not a substitute for medical or health practitioner consultation.
3. AnodyneCann is not responsible for your relationship with any practitioners, third party, or other Users of the Site or Services.
4. AnodyneCann is not obliged to screen third parties to determine whether they are qualified or authorized by law to provide their services or to determine the accuracy of the information they provide.
5. Any information accessed through the Site and Services, or within any of Anodynecann’s social media pages or channels is for informational and educational purposes only, is not intended to be a substitute for medical advice, diagnosis, or treatment.
   
   

Indemnity

1. In this clause, a reference to AnodyneCann includes its officers, directors, contractors, employees and agents.
2. You agree to indemnify and hold AnodyneCann, harmless from any and all losses (including reasonable legal costs and expenses) or liabilities incurred by AnodyneCann arising from any claim, demand, suit, action or proceeding by any person against AnodyneCann arising from, in connection with or in respect of:

(i)              your violation of the User Terms; or

(ii)             your publication of or distribution of any material or information.

1. Subject to any consumer guarantees under the Australian Consumer Law which cannot be excluded, in no event shall AnodyneCann be liable to you or any third party for any lost profit, or an indirect, consequential, exemplary, incidental, or special or punitive damages arising from this agreement and from the use of the Site or inability to use the Site.
   
   

Access and use of the Site

1. License

Subject to the terms of this Agreement, AnodyneCann grants you a non-transferable, non-exclusive license to use the Site and Services for your personal, non-commercial use. Subject to the terms of this Agreement, AnodyneCann grants you a non-transferable, non-exclusive license to install and use the software AnodyneCann makes available for mobile devices (Mobile App), in executable object code format only, solely on your own handheld mobile device and for your personal, non-commercial use. As used in this Agreement, the term “Services” includes the Mobile App.

1. Certain Restrictions

The rights granted to you under the Terms of Use are subject to the following restrictions:

• you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services;
• ‍you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services;
• you shall not access the Site or Services in order to build a similar or competitive service;

Modification

AnodyneCann reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that AnodyneCann will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.

Communications

Text message

1. Where you have provided us with your phone number, you agree that AnodyneCann and those acting on its behalf may send you text (SMS) messages. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. Your agreement to receive promotional texts is not a condition of any purchase or service offered by AnodyneCann. If you change or deactivate the phone number you provided to AnodyneCann, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. You agree that texts, calls, or pre-recorded messages may be generated by automatic telephone dialling systems.
2. You may opt-out of receiving all text messages from AnodyneCann at any time by deleting your account or by replying STOP to any text message from AnodyneCann. NOTE: opting-out of receiving all text messages from AnodyneCann, may limit your ability to use certain Services. You may continue to receive text messages for a short period while AnodyneCann processes your request, and you may also receive text messages confirming the receipt of your opt-out request.
3. You may opt back into receiving text messages from AnodyneCann at any time by notifying AnodyneCann or by replying START to a text message from AnodyneCann.

Email

1. Where you have provided your email address, you agree that we may send you emails concerning our Services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.

User Content

1. You acknowledge and agree that AnodyneCann is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. AnodyneCann does not assume and will not have any liability or responsibility to you or any other person or User for your use or misuse of any User Content.
2. You agree not to use the Site, Services, or any of Anodynecann’s social media pages or channels to collect, upload, transmit, display, or distribute any User Content that:

(i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

‍(ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature; or

‍(iii) in violation of any law, regulation, or obligations or restrictions imposed by any third-party.

1. You hereby grant, and you represent and warrant that you have the right to grant, to AnodyneCann an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

Feedback

If you provide AnodyneCann any feedback or suggestions regarding the Site or Services (Feedback), you hereby assign to AnodyneCann all rights in the Feedback and agree that AnodyneCann shall have the right to use such Feedback and related information in any manner it deems appropriate. AnodyneCann will treat any Feedback you provide to AnodyneCann as non-confidential and non-proprietary. AnodyneCann will not modify the Feedback. You agree that you will not submit to AnodyneCann any information or ideas that you consider to be confidential or proprietary.

Acceptable Use Policy

• You agree not to use the Site or Services to:

(i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;

‍(ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;

‍(iii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;

(iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks;

‍(v) harass or interfere with another User’s use and enjoyment of the Site or Services; or

‍(vii) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services.

• We reserve the right (but have no obligation) to review any User Content (including any image files or reviews), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your Anodynecan Account in accordance with these Terms of Use, and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.

Third-party interactions

During use of the Site or Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers including practitioners, pharmacies, advertisers, or sponsors showing their goods and/or services through the Service. AnodyneCann is not a party to any transaction that you may enter into with a third party. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party. AnodyneCann shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third-party. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.

Third-party materials

The Site or Services might display, include, or make available third-party content (including data, information, articles applications or other products, services and/or materials) or contain links to third party websites, services, and advertisements for third parties (Third-Party Materials). You acknowledge and agree that AnodyneCann is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. AnodyneCann does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to a Third-Party Material, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.

Deals

The Site or Services might display, include, or make available coupons, promotional codes, giveaways, samples, and other offers (Deals). Deals constitute Third-Party Materials under these Terms of Use. Anodynecan displays these Deals on the Site and Services as a form of advertisement for the third party only. All Deals are offered directly by the applicable third party, and may be subject to additional terms, conditions, or restrictions, whether or not such additional terms, conditions, or restrictions are expressly included on the Site or Services. The relevant third party, and not Anodynecan, is solely responsible for:

1. redemption of the Deal;
2. compliance of all aspects of the Deal with applicable law (including without limit, the advertisement, redemption, and terms, conditions and restrictions related thereto);
3. all goods and services it provides to you in connection with the Deal;
4. and all losses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Deal or not.

Other Users

Each User of the Site or Services is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content. AnodyneCann makes no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Users are solely between you and such User. You agree that AnodyneCann will not be responsible for any loss or damage incurred as the result of any such interactions. AnodyneCann is under no obligation to become involved or assist in the resolution of disputes between Users.

Release regarding other Users, Third-Party Interactions or Third-Party Materials

You hereby release and forever discharge AnodyneCann (and our officers, directors, contractors, employees, agents, successors, and assigns) from, and hereby waive and relinquish your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users, Third-Party Interactions, or Third-Party Materials.

Term and termination ‍

1. Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services.

(i) We may suspend your rights to use the Site and/or Services (including your Anodynecan Account); or

(ii) terminate this Agreement,

at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your AnodyneCann Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your AnodyneCann Account involves deletion of your User Content associated therewith from our Site, Services, and live databases. AnodyneCann will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your AnodyneCann Account or deletion of your User Content. 

b. Even after this Agreement is terminated, the provisions of this Agreement which are capable of operating will remain in effect. 

Jurisdiction
‍This Agreement is governed by the laws of the State of Victoria.

Dispute resolution
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Pre-Arbitration dispute resolution
We are always interested in resolving disputes amicably and efficiently. Attempts to informally resolve any dispute must be exhausted before any formal legal proceedings or arbitrations may be commenced.  Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at info@anodynecann.com.au If such efforts prove unsuccessful in the reasonable opinion of AnodyneCann, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (Notice). The Notice to us should be sent to the address identified in the contact details below.

Arbitration 
Except for disputes brought in small claims court or tribunal, all disputes between you and AnodyneCann arising out of, relating to or in connection with the Site or Services shall be exclusively settled through binding arbitration pursuant to the then-current rules of Victoria for commercial arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. This arbitration agreement is subject to Victorian Law. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in this Agreement to the contrary, we agree that if AnodyneCann makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to AnodyneCann. If the arbitration in this Section is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Victoria, Australia. You hereby accept the exclusive jurisdiction of such court for this purpose. 

Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Future changes to dispute resolution 
Notwithstanding any provision in these Terms of Use to the contrary, AnodyneCann agrees that if it makes any future change to this Arbitration Agreement (other than a change to our contact details) while you are a User of the Service, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to our address provided in Contact details section below. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

Contact details
For any questions or notices, please contact us at:
‍
AnodyneCann Pty Ltd

Level 3, 99 Queensbridge Street

Southbank 3006

info@anodynecann.com.au