CDA Health & Cannabis Doctors Australia Trading Terms & Conditions v8

October 2019

  1. Definitions
    • Agreement means these Terms and Conditions and includes any schedules and annexures.
    • Fee means the fee payable by you to us for the Services as set out in the Fee Schedule, in accordance with the terms of this Agreement.
    • Fee Schedule means our fee schedule which is located on our website:https://cannabisdoctorsaustralia.com.au/medicinal-cannabis-cost/
    • our, we and us means Cannabis Doctors Australia Pty Ltd ACN 623 812 242 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.
  2. 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.
  3. Fees
    • 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.
  1. Our Obligations
    • 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.
  2. 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.
  3. Instructions
    • 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.
  4. 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.
  5. Notices
    • If you need to contact us, you may use the contact details published on our website : https://cannabisdoctorsaustralia.com.au/
    • 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.
  6. 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.
  7. Warranties
    • 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.
  1. Amendments
    • 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.
  2. 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.
  3. Previous Agreements
    • This Agreement replaces and supersedes any existing agreement, arrangement or understanding which you may have entered into with us.
  4. Confidentiality
    • 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.
  5. Assignment
    • 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.
  6. Severability
    • 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.
  7. Waiver
    • 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.
  8. Force Majeure
    • 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.
  9. Governing Law
    • 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.
  10. Electronic Consent
    • 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.
  11. Acceptance
    • 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

 

  Medicinal Cannabis Treatment Consent Form v3

 

Overview of Consent Form

The primary objective is to provide the necessary information (in conjunction with the clinical consultation) to allow patients to make an informed decision and consent to Medicinal Cannabis (MC) treatment.

Further objectives of this MC treatment consent form are to:

  1. Describe the risks and possible complications of the treatment.
  2. Explain the patient’s responsibilities.
  3. Establish a patient registration scheme for MC patients.
  4. Explain CDA’s, this Medical Practice and any treating clinicians’ duty of care statement.
  5. Consents, including gathering personal and medical information and contact for communications.
  6. Acknowledge that this consent form covers all aspects of medicinal cannabis prescription, all related Practices, and additionally CDA Group (CDA) which is CDA Health Pty Ltd, Cannabis Doctors Australia Pty Ltd, and all related entities, companies, subsidiaries, doctors, nurses, officers, employees, contractors, affiliates and agents.

 

Benefits, Risks, and Possible Complications of Medicinal Cannabis

I acknowledge that:

  1. MC is generally considered an experimental or investigational drug, and, in many cases, there is limited data from which to draw specific recommendations for treatment. For more information you can visit: https://www.tga.gov.au/medicinal-cannabis-guidance-documents
  2. MC drugs are, in general, not registered in Australia for use in my condition by the Therapeutic Goods Administration (TGA) of the Australian Department of Health and Ageing, and as such arrangements to access to MC medicines are generally to be made through a Special Access Scheme (SAS) pathway. The TGA who have the discretion to allow such approvals under the TGA Goods Act 1989.
  3. MC benefits and harms in children, pregnancy and breast-feeding are not well investigated and CDA Group and this Practice are not liable for any damages or claims relating directly or indirectly from MC use.
  4. MC may interact with my current medications and cause side effects from these medications.
  5. MC use with vaporisers or other modes of use may cause known or unknown side effects.
  6. I waive and disclaim any of my rights to claim against the CDA Group and this Practice for any possible of side-effects, adverse effects, and unknown risks involved in taking MC.
  7. Possible known side-effects of MC compounds, principally with Tetrahydrocannabinol (THC), may include and are not limited to: nausea, light-headedness, uncontrolled laughter or euphoria, dry mouth, increased appetite, vomiting, relaxation, sedation, drowsiness, abnormal blood pressure, physical weakness, confusion, disorientation, dizziness, vertigo, coordination imbalance, memory changes, cognitive impairment, bowel changes, anxiety, hallucinations, paranoid thoughts, psychosis, mental disturbance, abnormal heart rate, lethargy, seizures, and chronic bronchitis (if inhaled).

 

Patient Responsibilities

It is my responsibility to ensure that I listen to the doctor, clinical staff and pharmacist in the consultations. I have had and/or will have a good opportunity to discuss and explore MC treatment for my personal health; and I agree to the following:

  1. I declare that I do not have any medical conditions which are potentially dangerous or contra-indicated with MC treatment, principally THC, including:
  • Hypersensitivity to cannabinoids or any type of excipients.
  • Substance addiction or the intentional use of drugs for non-medical purposes.
  • On a drug-dependent register.
  • Known or suspected personal history of schizophrenia or psychotic illness.
  • Known or suspected family history of schizophrenia or psychotic illness.
  • Known or suspected personal history of severe personality disorder.
  • Known or suspected severe or unstable cardio-pulmonary disease.
    1. Regular reviews with my cannabis doctor as instructed or as required.
    2. To carefully follow the clinician’s advice on dosage and frequency of MC.
    3. Maintain a healthy lifestyle that will help my condition or symptoms.
    4. Avoiding alcohol, intoxicants, or recreational drugs that will interact with MC treatment.
    5. Follow my cannabis doctor’s advice on blood testing or additional investigations.
    6. Ongoing consultation with my referring doctor or specialist.
    7. Informing my cannabis doctor of all concurrent medications or supplements.
    8. I will inform my doctors if MC does not work for my condition or symptoms.
    9. I will report if I suffer any adverse event, side-effect and reactions to my cannabis doctor.
    10. I am aware and will comply with any laws relating to the operation of any: vehicle; boat; aircraft; machinery; or other regarding the use of THC or MC and blood, serum, saliva, or other levels. I further agree that it is my responsibility and I release CDA Group and this Practice from any liability in relation to the operation or use of any vehicles or machinery.

 

Patient Registration Scheme

I consent to be part of a CDA patient registration and monitoring program for MC users. I agree:

  1. That once available, I may be been given access to a CDA monitoring program (or otherwise labelled) and I consent to use the CDA monitoring program to monitor my symptoms, progress and any other personal details.
  2. That the CDA monitoring program will track and monitor my personal details, clinical details and MC data.
  3. I consent that any data entered in the CDA monitoring program becomes accessible, stored and used by CDA or CDA associates, and I release any claim I have over the use of data collected by CDA.
  4. That I may be contacted with further information on MC as it is made available by the CDA Group.

 

CDA Group and this Practices Duty of Care

  1. CDA and this Practice can provide further suggestions for patients who would like more information, and this can include making a further appointment with your doctor to discuss MC treatment. CDA and this Practice can explain the information to patients again in simpler terms and can provide a referral to another specialist for another opinion. CDA and this Practice can also provide information in another language or via a translator if requested by patients or carers, at the patients cost.
  2. CDA, this Practice and the CDA monitoring program have a duty to adhere to the legal procedures relating to the security and privacy of electronically transmitted and stored information. Including a duty of confidentiality which is protected in the Privacy Act 1988.

 

Consent to Gathering of Personal and Medical Information

  1. CDA and this Medical Practice collects information from you for the primary purpose of providing quality health care. We require you to provide us with your personal details and a full medical history so that we may properly assess, diagnose and treat illnesses and medical conditions, ensuring we are proactive in your health care. To enable ongoing care, and in keeping with the Privacy Act 1988 and Australian Privacy Principles, we wish to provide you with sufficient information on how your personal information may be used or disclosed and record your consent or restrictions to this consent.
  2. Your personal information will only be used for the purposes for which it was collected or as otherwise permitted by law, and we respect your right to determine how your information is used or disclosed. The information we collect may be collected by a number of different methods and examples may include: medical test results, notes from consultations, data collected from observations and conversations with you, and details obtained from other health care providers (e.g. specialist correspondence).
  3. By signing below, you (as a patient/parent/guardian) are consenting to the collection of your personal information, and that it may be used or disclosed by the CDA and the Practice for the following purposes:
  • Administrative purposes in the operation of our general practice.
  • Billing purposes
  • Follow-up reminder/recall notices for treatment and preventative healthcare, frequently issued by SMS.
  • Disclosure to others involved in your health care, including treating doctors and specialists outside this Medical Practice. This may occur through referral to other doctors, or for medical tests and in the reports or results returned to us following the referrals.
  • Accreditation and quality assurance activities to improve individual and community health care and Practice Management.
  • For legal related disclosure as required by a court of law.
  • For the purposes of research only where de-identified information is used.
  • To allow medical students and staff to participate in medical training/teaching using only de-identified information.
  • To comply with any legislative or regulatory requirements, e.g. notifiable diseases.
  • For use when seeking treatment by other doctors in this Practice.
    1. At all times we are required to ensure your details are treated with the utmost confidentiality. Your records are very important, and we will take all steps necessary to ensure they remain confidential. Please sign below if you understand and agree to the following statements in relation to our use, collection, privacy and disclosure of your patient information.

 

Consent to Communications

  1. By using the Services or Software, you agree that CDA, this Practice and those acting on its behalf may send you text (SMS) messages, email or other communications. These messages may include operational messages about your use of the Services, as well as marketing or other promotional messages. Messages from CDA, its affiliated companies and necessary third-party service providers, and this Practice, may include but are not limited to: operational communications concerning your User account or use of the Services, updates concerning new and existing features on CDA, communications concerning promotions run by us or our third-party partners, and news concerning CDA and industry developments. 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 CDA or this Practice. If you change or deactivate the phone number or other contact details you provided to CDA or this Practise, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number or contact details. You agree that texts, calls, or pre-recorded messages may be generated by automatic telephone dialling systems.
  2. You may opt out of receiving text messages and communications from CDA or this Practice at any time by contact us to deactivate these services. NOTE: if you opt-out of receiving all text messages or communications from CDA or this practice, you will not be able to use certain Services without agreeing to receive text messages and communications. You may continue to receive text messages or communications for a short period while the CDA or this Practice processes your request.
  3. You may opt back into receiving text messages from CDA or this Practice at any time by contact us.

 

Final declaration

I declare that:

  1. I agree that all the necessary information has and/or will been provided to me to make an informed decision.
  2. I will carefully follow the advice of my cannabis doctors on MC dosage and frequency.
  3. I understand the potential risks, possible side effects and complications of MC treatment.
  4. I agree that MC may not work for my medical condition or symptoms.
  5. I confirm that I have been and/or will be provided all the appropriate information concerning MC treatment, and I am satisfied to fully consent to MC treatment, and I have had and/or will have the opportunity to make further requests for information and prior to starting MC I will not have any further requests for information on MC treatment.
  6. I consent to personal information being shared with health professionals, government or CDA affiliates for the purposes of application, compliance, health or sundry.
  7. I have read the information above and understand the reasons why my information must be collected, and the purposes for which my information may be used or disclosed. I understand that if my information is to be used for any purpose other than that set out above, my further consent will be obtained.
  8. I give permission for my personal information to be collected, used and disclosed as described above, including contact via SMS to my mobile phone number. I understand only my relevant personal information will be provided to allow the above actions to be undertaken and I am free to withdraw, alter or restrict my consent at any time by notifying CDA and this Practice in writing. I consent to CDA and this Practice collecting my information from other medical providers.
  9. It is my responsibility alone to ensure I comply with all laws, employment contracts, safety guidelines and sundry regarding MC treatment and THC/other cannabinoid levels within my body.
  10. I acknowledge that my cannabis doctor and this Practice may have an interest in MC and Hemp companies, and/or CDA Health Pty Ltd (CDH), which has ownership interests in Cannabis Doctors Australia Pty Ltd, Burleigh Heads Cannabis Pty Ltd and beyond. Furthermore, I acknowledge that my prescription, treatments or recommendations may benefit the CDA Group and/or this Practice.
  11. CDA Group and this Practice accepts no liability or claims for the prescribing, dispensing, compounding or administration of MC products.
  12. All costs of accessing, purchasing, using and sundry of MC are my personal responsibility.
  13. I agree not to share, sell, lend, trade MC or in any way give my MC to any other person. I realize this is an illegal act. I also agree that my cannabis doctor and/or pharmacist may work with the police and/or government authorities to investigate any alleged misuse of my MC.
  14. I have been advised and understand that it is an offence, undersection 79(2AA)  of  the  Transport  Operations  (Road  Use Management) Act 1995 (Qld), or equivalent State or Territory legislation, for a  person to drive, attempt to put in  motion,  or  be  in  charge  of,  a  motor  vehicle,  tram,  train  or vessel,  while  the  person  has  delta-9-tetrahydrocannabinol present in the person’s blood or saliva.
  15. I agree to all Trading Terms and Conditions, all Terms and Conditions of Use, all sundry Terms and Conditions, and all Privacy Policies for CDA and this Practice, and these can be viewed online anytime on the relevant entity’s webpage and/or https://www.CannabisDoctorsAustralia.com.au.
  16. If signed on behalf of a patient, I acknowledge that I accept full responsibility for MC use on behalf of the patient.

By agreeing to the Manage My Health terms and conditions, you will be agreeing to the CDA Consent Form and the Terms & Conditions.