Terms and Conditions

Last updated: July 2021

Australian Institute of Medicinal Cannabis Pty Ltd (ACN 650 003 133) (AIOMC) trading as MiDispensary (ABN 72 650 003 133) owns and operates the website located at https://midispensary.com.au (Website). Access to and use of this Website and the services available through this Website (collectively Services) is subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing to all of 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.

  1. Amendments to Terms of Use

Website Owner reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

  1. Website Access

 Subject to the terms and conditions, AIOMC grants you permission to use the Website.

You hereby grant, and you represent and warrant that you have the right to grant, to AIOMC 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 Website 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.

  1. Linked Sites

This Website may contain links to other websites (Linked Sites), which are not operated by AIOMC. AIOMC has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such site.

  1. Privacy Policy

Our Privacy Policy, which sets out how we will use your information, can be found at https://midispensary.com.au/privacy-policy/.

Ensure you have read and understood our Privacy Policy. By using this Website, you consent to the processing of personal information as described in the Privacy Policy and warrant that all data provided by you is accurate. We will process all personal information in accordance with data protection laws and our Privacy Policy.

  1. Confidentiality

 AIOMC will treat personal information as confidential and will make every reasonable effort to keep personal information and confidential information confidential and secure. It will not disclose this information except:

  • as necessary to provide services; or
  • to AIOMC personnel and any service provider that AIOMC works with where necessary to operate the Service; or
  • if the relevant person has given AIOMC permission to do so; or
  • in accordance with our Privacy Policy; or
  • if required or permitted by law.
  1. Prohibitions
  • You must not misuse this You will not:
  • commit or encourage a criminal offense;
  • transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
  • hack into any aspect of the Service; corrupt data; cause annoyance to other users;
  • infringe upon the rights of any other person’s proprietary rights;
  • send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
  • attempt to affect the performance or functionality of any computer facilities of or accessed through this

(b) Breaching this provision would constitute a criminal offense and AIOMC will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

(c) If you make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.

(d) We reserve the right to refuse or terminate service to anyone at any time without notice or reason.

  1. Payment

(a) Where the option is given to you, you may make payment of your order (Order Fee) by ways stated on the Website.

(b) You acknowledge and agree that where a request for the payment of your order is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with your order.

(c) You agree and acknowledge that AIOMC can vary the price at any time and that the varied price will come into effect in accordance with AIOMC’s absolute discretion.

  1. Refund Policy

AIOMC will only provide you with a refund of 50% of the Order Fee in the event:

(a) the full payment, namely, AUD $580, is made; and

(b) you failed to qualify your history forms reviewed by a clinical staff member and a doctor; and/or

(c) you have not been absolutely truthful.

  1. Medicinal Cannabis Products (MCP)

 (a) Under the federal laws of Australia, manufacturing, distributing, dispensing or possession of cannabis is illegal, and individuals are subject to arrest and/or prosecution for doing so.

(b) You expressly acknowledge that AIOMC follows the laws regulating the medical use of cannabis.

(c) You further acknowledge that medical use is not recognized as a valid defence under federal laws regarding cannabis, and interstate transportation of cannabis is a federal offence.

(d) The MCP goods are held and stored by the relevant wholesaler at a warehouse or secured area. The MCP goods are only dispensed to AIOMC when a prescription has been issued, along with the relevant authorisation number provided by the Therapeutic Goods Administration (TGA). The MCP goods are then supplied as approved or authorised under the following pathways:

(i) the Special Access Scheme B; or

(ii) the Authorised Prescriber scheme; or

(iii) a clinical trial notification; or

(iv) a clinical trial approval.

(e) AIOMC’s sponsorship defined under the Therapeutic Goods Act 1989 (Cth) does not transfer to you.

(f) You are obliged to notify AIOMC of any supply or movement of the MCP goods supplied by AIOMC.

  1. Intellectual Property, Software and Content

 The intellectual property rights in all content made available to you on or through this Website remain the property of AIOMC or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by AIOMC and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

  1. Copyright

(a) You must not do anything with the materials and resources, that is not expressly authorised by the Terms of Use. Without limitation, you must not modify, adapt, sell, or use the materials and resources for a commercial purpose (such as charging third parties for access to the materials and resources) without the prior consent of AIOMC.

(b) You acknowledge that AIOMC is not a counselling service. The content of the Website including the materials and resources is intended for information purposes only. The Website, materials and resources on the Website are not intended to be suitable for professional medical advice, diagnosis, or treatment. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website.

 

  1. Disclaimer of Liability
  • Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
  • To the fullest extent permitted by law AIOMC hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
  • This does not affect AIOMC’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
  • AIOMC is not obliged to screen dispensaries, retail locations, health care providers or their menus, content, or deals to determine whether they are qualified or authorised by law to provide their services or to determine the accuracy of all information they provide.
  1. Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice. 

  1. Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with AIOMC and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to AIOMC.

  1. Indemnity

You agree to indemnify, defend and hold harmless AIOMC, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Use.

  1. Variation

AIOMC has the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this Website.

  1. Invalidity

If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

This Term of Use constitutes the entire agreement between you and AIOMC regarding the use of the Website and Services. Our failure to exercise or enforce any right or provision of this Term of Use shall not operate as a waiver of such right or provision.

Nothing contained in the Terms of Use shall be construed to establish an employment, partnership, or joint venture relationship between you and AIOMC. Your rights and obligations in accordance with the Term of Use, may not be assigned, subcontracted, delegated, or otherwise transferred by you without AIOMC’s prior written consent. The terms of this Term of Use shall be binding upon assignees.

  1. Complaints

We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. You can contact us by email: admin@aiomc.com.au.