DEFINITIONS AND INTERPRETATION
In these Terms and Conditions, unless otherwise indicated:
New Zealand Consumer Law means the Consumer Guarantees Act 1993 and Fair Trading Act 1986;
Dispensed, us, we or our means Dispensed NZ Limited;
Dispensed Platform refers to the platform upon which a User can access consultations with practitioners and purchase products from our Partner Pharmacies;
Prescribing Doctor means the medical professional engaged by Dispensed who a User has a consultation with after booking a consultation via the Dispensed Platform;
Partner Pharmacy refers to an independent third party pharmacy with whom Dispensed works with to provide prescription products to Users;
Partner Pharmacy Terms of Sale Terms
means the terms of sale that relate to the purchase of Products by a User as set out in Schedule A;
Products means any good or item provided to a User which has been delivered from or supplied by a Partner Pharmacy;
Services means access to and use of the Site and the services available through the Site (including use of the “Mobile App” as provided for in the “Access and Use of the Site” section below;
Site refers to the Dispensed.co.nz;
Terms and Conditions or Terms means these terms and conditions, Privacy Policyand any other hyperlinked policy or any other Dispensed document referred to within these terms;
User, you or your refers to a person who accesses or uses the Dispensed Platform or Site, but for the avoidance of doubt does not include Dispensed or any person who is an officer, director, contractor, employee or agent of Dispensed;
User Content means any and all information and content that a User submits to, or uses in conjunction with, the Site or Services, including without limitation any and all information and content in the User’s profile, User reviews and/or User postings.
TERMS
• Dispensed is an online platform to connect patients with health care practitioners and provides an online service for patients to get their prescription filled, dispensed and delivered by a Partner Pharmacy.
• The patient appoints Dispensed as the patient’s agent to facilitate the payment of their prescription product to the Partner Pharmacy and the dispensing and deliver of their product by the Partner Pharmacy. Dispensed is not responsible for the quality of those products.
• The sale and purchase of products is between the patient user and the Partner Pharmacy, and all sale and purchase transactions will be governed by the Partner Pharmacy’s terms and conditions.• Dispensed owns and operates the Site. By using the Services, you are agreeing that these Terms apply to the Services.
• Amendment of the Terms
Dispensed reserves the right to amend the Terms at any time. Any changes will be notified to you and published on the Site. Your continued use of the Site represents an agreement to be bound by the amended Terms.
• Linked sites
The Site contains links to other websites which are not owned or operated by Dispensed, for your information and convenience. Dispensed 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
Dispensed’s Privacy Policy (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.
• Intellectual property
a. Apart from any use or action permitted under the Copyright Act 1994, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute content on or from the Site in any way except as expressly provided for on the Site or expressly authorised in writing by Dispensed. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material available on the Site.
b. Excluding User Content, you acknowledge that all the intellectual property rights in the Site and Services are owned by Dispensed or Dispensed’slicensors. The use 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.
• Eligibility
You must be at least 18 years of age to use the Dispensed Platform within New Zealand.
• Accounts
a. In order to use certain features of the Site (i.e. the Dispensed Platform), you must register for an account with Dispensed (Dispensed Account). You will be prompted to provide information about yourself by the Dispensed Account registration form. You represent and warrant that:
(i) all required registration information you submit is complete and accurate; and
(ii) you will maintain the accuracy of such information at all times.
b. You may not create more than one Dispensed Account.
c. Dispensed may suspend or terminate your Dispensed Account in accordance with these Term.
d. You may delete your Dispensed Account at any time, for any reason, by sending an email to support@dispensed.co.nz which includes your Dispensed Account email, full name and your request to delete your account.
e. You are responsible for maintaining the confidentiality of your Dispensed Account login information and are fully responsible for all activities that occur under your Dispensed Account. You agree to immediately notify Dispensed (by sending an email to support@dispensed.co.nz) of any unauthorised use, or suspected unauthorised use, of your Dispensed Account or any other breach of security. Dispensed cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
f. We may permit you to log in to the Site or otherwise associate your Dispensed Account with your login credentials from certain social networking sites (SNS) (including but not limited to Facebook, Instagram and Twitter). We may receive information about you from a SNS, in accordance with the terms and conditions of the SNS.
• Patient Registration Scheme
By using the Services you consent to be part of a Dispensed patient registration and monitoring program for medicinal cannabis users and agree:
a. That once available, you may be given access to a Dispensed monitoring program (or otherwise labelled) and you consent to use the Dispensed monitoring program to monitor your symptoms, progress and any other personal details;
b. That the Dispensed monitoring program will track and monitor your personal details, clinical details and medicinal cannabis data;
c. That you consent that any data entered in the Dispensed monitoring program becomes accessible, stored and used by Dispensed or other companies in the same group of companies as Dispensed, and that you release any claim you may have over the use of data collected by Dispensed for those purposes; and
d. That you may be contacted by Dispensed with further information on medicinal cannabis as it is made available by the Dispensed.•
Disclaimers
a. To the extent permitted by law, and subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the New Zealand Consumer Law, the material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy.
b. All information contained on the Site and about the Services is for informational purposes only and is not a substitute for medical or health practitioner consultation.
c. Dispensed is not responsible for your relationship or experiences with third parties or other Users of the Site or Services.
d. Dispensed is not obliged to screen third parties to determine whether they are qualified or authorised by law to provide their services or to determine the accuracy of the information they provide.
e. Any information accessed through the Site, or within any of Dispensed’s social media pages or channels is for information and educational purposes only and is not intended to be a substitute for medical advice, diagnosis, or treatment.
• Indemnity
a. In this clause, a reference to Dispensed includes its officers, directors, contractors, employees and agents.
b. You agree to indemnify and hold Dispensed harmless from any and all losses (including reasonable legal costs and expenses) or liabilities incurred by Dispensed arising from any claim, demand, suit, action or proceeding by any person against Dispensed arising from, in connection with or in respect ofyour violation of the User Terms.
c. To the extent permitted by law, and subject in particular to any consumer guarantees under New Zealand Consumer Law which cannot be excluded, in no event shall Dispensed be liable to you or any third party for any loss ofprofit, or any indirect, consequential, incidental, special or punitive damages arising from these Terms and from the use of the Site or Services or from the inability to use the Site or Services.
• Access and use of the Site
a. License
Subject to these Terms, Dispensed grants you:
(i) a non-transferable, non-exclusive licence to use the Site and Services for your personal, non-commercial use; and
(ii) a non-transferable, non-exclusive license to install and use the software Dispensed 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. For the avoidance of doubt, as used in these Terms, the term “Services” includes the use of the Mobile App.
b. Certain Restrictions
The rights granted to you under these Terms are subject to the following restrictions:
(i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services;
(ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; and
(iii) you shall not access the Site or Services in order to build a similar or competitive service.
• Modification
Dispensed 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 Dispensed 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 (Email)
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 and other Users
a. You acknowledge and agree that you are solely responsible for your User Content. Dispensed is not responsible for nor makes any guarantees or assumes any responsibility for any User Content, including its accuracy, completeness, suitability, timeliness, currency, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Dispensed 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.
b. You agree not to use the Site, Services, or any of Dispensed’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.
c. You hereby grant, and you represent and warrant that you have the right to grant, to Dispensed an irrevocable, non-exclusive, 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 Dispensed any feedback or suggestions regarding the Site or Services (Feedback), you hereby assign to Dispensed all rights in the Feedback and agree that Dispensed shall have the right to use such Feedback and related information in any manner it deems appropriate. Dispensed will treat any Feedback you provide to Dispensed as non-confidential and non-proprietary. Dispensed will not modify the Feedback. You agree that you will not submit to Dispensed any information or ideas that you consider to be confidential or proprietary.
• Acceptable Use Policy
a. 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 unauthorised 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.
(viii) You agree:
(a) Not to submit any false, incorrect or misleading information through your usage of the Site;
(b) Not to reproduce, duplicate, copy or re-sell any part of our Site or content, including graphics, icons, logos and service names;
(c) Not to access without authority, interfere with, damage or disrupt any part of our Site, including:
(1) any equipment or network on which our site is stored;
(2) any software used in the provision of our site; and/or
(3) any equipment, network or software owned by any third party.
b. 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 Dispensed Account in accordance with these Terms, 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 these Terms 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 Site or Service. Dispensed 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. Dispensed 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 Site or 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 Dispensed is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Dispensed 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 acknowledge that you access and use them entirely at your own risk. When you access or view 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, and other offers (Deals). Deals constitute Third-Party Materials under these Terms. Dispensed 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 Dispensed, is solely responsible for:
a. redemption of the Deal;
b. compliance of all aspects of the Deal with applicable law (including without limit, the advertisement, redemption, and terms, conditions and restrictions related thereto);
c. all goods and services it provides to you in connection with the Deal; and
d. any loss, damages, claims, liabilities and costs a Deal may cause you to suffer, either directly or indirectly, in full or in part
• Release regarding other Users, Third-Party Interactions or Third-Party Materials
a. Your interactions with other Users are solely between you and such User. You agree that Dispensed will not be responsible for any loss or damage incurred as the result of any such interactions. Dispensed is under no obligation to become involved or assist in the resolution of disputes between Users.
b. You hereby release and discharge Dispensed (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.
• Zero Tolerance to Aggressive or Threatening Conduct Towards Staff:
Dispensed has a zero-tolerance approach to any conduct that it reasonably believes to be threatening, menacing, aggressive or otherwise inappropriate towards its staff (Patient Misconduct). Dispensed, at its full discretion, can suspend or permanently ban you from using its Services, if you engage in Patient Misconduct.
• Term and termination
a. These Terms will remain in full force and effect while you use the Site or Services, however you acknowledge and agree that:
(i) we may suspend your rights to use the Site and/or Services (including your Dispensed Account); or
(ii) terminate your use of the Site and/or Services in accordance with these Terms,
at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of these Terms or any failure to schedule follow-up consultations as required. Upon termination, your Dispensed Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Dispensed Account involves deletion of your User Content associated therewith from our Site, Services, and live databases. Dispensed will not have any liability whatsoever to you for any termination of these Terms, including for termination of your Dispensed Account or deletion of your User Content.
b. Even after your use of the Site and/or Services in accordance with these Terms and Conditions is terminated, the provisions of these Terms and Conditions which are capable of operating will remain in effect.
• Jurisdiction
These Terms and Conditions shall be governed by, and construed in accordance with, the laws of New Zealand.
• Dispute resolution
a. 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 support@dispensed.co.nz. If such efforts prove unsuccessful in the reasonable opinion of Dispensed, 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.
b. Arbitration
Except for disputes brought in the Disputes Tribunal or the courts of New Zealand, all disputes between you and Dispensed arising out of, relating to or in connection with the Site or Services shall be exclusively settled through binding arbitration pursuant to the Arbitration Act 1996. For the avoidance of doubt, there is no judge or jury in arbitration. All arbitration between you and Dispensed is subject to the laws of New Zealand. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in these Terms and Conditions to the contrary, we agree that if Dispensed makes any future change to this dispute resolution provision, such change will not apply to any individual claim(s) that you had already provided Notice of to Dispensed. 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 New Zealand. You hereby accept the exclusive jurisdiction of such court for this purpose.
c. Confidentiality
All aspects of the arbitration, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
d. Future changes to dispute resolution
Notwithstanding any provision in these Terms to the contrary, Dispensed agrees that if it makes any future change to the dispute resolution process set out above (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 these Terms and Conditions as of the date you first accepted these Terms and Conditions (or accepted any subsequent changes to these Terms and Conditions).
• Booking Policies
Consultation cancellations
Your appointment is important to us and is reserved especially for you. We understand that life can sometimes get in the way and changes and cancellations may be necessary. Should you need to make changes to your appointment, we kindly ask that you provide a minimum of 24–48 hours’ notice. This policy is in place to allow your practitioner to offer your allocated time to another patient. You will be charged a cancellation fee equal to the cost of the consultation for any missed or cancelled appointments where you have provided less than 24 hours’ notice. •
Consultation refunds
Dispensed charges a consultation fee on behalf of our Dispensed Practitioners. This consultation fee is charged at the time of booking and is non-refundable.
• Prescription Delivery & Returns
Terms relating to dispatch, delivery and refunds of prescription products are set out in our Partner Pharmacy Terms of Sale attached at Schedule A (as well as any other relevant policies as published on the Site from time to time). By accessing the Services through Dispensed, you agree to the Partner Pharmacy Terms of Sale and any other relevant policies as published on the Site from time to time.
• Contact Details
• Company Name: Dispensed NZ Limited;
• Email: support@dispensed.co.nz;
• Phone: 03 965 9902;
• Address: Braithwaite and Pearks Ltd, Ground Floor, Torutek Building, Waikato Innovation Park, 1 Melody Lane, Hamilton, 3216, New Zealand.
Schedule A: Partner Pharmacy Terms of Sale (Terms of Sale)
We work with our independent partner pharmacies to fill your prescription. The User is responsible for all costs associated with accessing, purchasing and using the Products.
Acceptance of Products
To ensure your privacy and the safe delivery of your Products, all of our pharmacy deliveries require a signature upon acceptance. Please ensure you have allocated a delivery address where someone will be available to sign for your delivery between the hours of 9am–5pm, Monday to Friday. Products cannot be delivered based on an authority to leave direction. If no one is present to sign for your Products, your package will be taken to the nearest post office for collection and a card with collection instructions will be left at your address.
Title & Risk
The sale occurs upon your order leaving the Partner Pharmacy and the title to and legal ownership of the Products passes to you at the same time. Because you are the legal owner of the Products, you are responsible for those Products and the Products are at your risk from the time it leaves the Partner Pharmacy.
Returns & Refunds Policy
Our refunds and returns policy below is in addition to your rights under the New Zealand Consumer Law. This policy applies for online orders via our Partner Pharmacies only.
Unfortunately, refunds may not be provided on prescription items, pharmacy medicines or pharmacist only medicines. This is due to state health regulations as the products are unable to be returned to stock or re-sold after leaving the premises. Storage conditions and, therefore, the effectiveness of the medication is unable to be guaranteed once this has occurred.
Please contact Dispensed if the Product is:
• Faulty or is not as described;
• Significantly different to what was advertised;
• Unsafe; or
• Not of acceptable quality
Dispensed and the Partner Pharmacy reserves the right to return the Product to the manufacturer for further evaluation. The outcome of this evaluation will be provided and no refund or replacement will be provided if the item was damaged due to misuse or neglect by the User.No returns, refunds or exchanges will be offered for changes of mind by the User.
Damaged or Incorrect Products
Please contact Dispensed within 3 days of receipt of the Products if:
• your Products arrived damaged; or
• the incorrect item was delivered.
You may be required to provide us with an image of the damaged or incorrect Product in order to process a refund or replacement. If Dispensed accepts that the Products are damaged or incorrect, the User will not have to pay the cost of freight to return these Products.
In these Terms and Conditions, unless otherwise indicated:
New Zealand Consumer Law means the Consumer Guarantees Act 1993 and Fair Trading Act 1986;
Dispensed, us, we or our means Dispensed NZ Limited;
Dispensed Platform refers to the platform upon which a User can access consultations with practitioners and purchase products from our Partner Pharmacies;
Prescribing Doctor means the medical professional engaged by Dispensed who a User has a consultation with after booking a consultation via the Dispensed Platform;
Partner Pharmacy refers to an independent third party pharmacy with whom Dispensed works with to provide prescription products to Users;
Partner Pharmacy Terms of Sale Terms
means the terms of sale that relate to the purchase of Products by a User as set out in Schedule A;
Products means any good or item provided to a User which has been delivered from or supplied by a Partner Pharmacy;
Services means access to and use of the Site and the services available through the Site (including use of the “Mobile App” as provided for in the “Access and Use of the Site” section below;
Site refers to the Dispensed.co.nz;
Terms and Conditions or Terms means these terms and conditions, Privacy Policyand any other hyperlinked policy or any other Dispensed document referred to within these terms;
User, you or your refers to a person who accesses or uses the Dispensed Platform or Site, but for the avoidance of doubt does not include Dispensed or any person who is an officer, director, contractor, employee or agent of Dispensed;
User Content means any and all information and content that a User submits to, or uses in conjunction with, the Site or Services, including without limitation any and all information and content in the User’s profile, User reviews and/or User postings.
TERMS
• Dispensed is an online platform to connect patients with health care practitioners and provides an online service for patients to get their prescription filled, dispensed and delivered by a Partner Pharmacy.
• The patient appoints Dispensed as the patient’s agent to facilitate the payment of their prescription product to the Partner Pharmacy and the dispensing and deliver of their product by the Partner Pharmacy. Dispensed is not responsible for the quality of those products.
• The sale and purchase of products is between the patient user and the Partner Pharmacy, and all sale and purchase transactions will be governed by the Partner Pharmacy’s terms and conditions.• Dispensed owns and operates the Site. By using the Services, you are agreeing that these Terms apply to the Services.
• Amendment of the Terms
Dispensed reserves the right to amend the Terms at any time. Any changes will be notified to you and published on the Site. Your continued use of the Site represents an agreement to be bound by the amended Terms.
• Linked sites
The Site contains links to other websites which are not owned or operated by Dispensed, for your information and convenience. Dispensed 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
Dispensed’s Privacy Policy (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.
• Intellectual property
a. Apart from any use or action permitted under the Copyright Act 1994, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute content on or from the Site in any way except as expressly provided for on the Site or expressly authorised in writing by Dispensed. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material available on the Site.
b. Excluding User Content, you acknowledge that all the intellectual property rights in the Site and Services are owned by Dispensed or Dispensed’slicensors. The use 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.
• Eligibility
You must be at least 18 years of age to use the Dispensed Platform within New Zealand.
• Accounts
a. In order to use certain features of the Site (i.e. the Dispensed Platform), you must register for an account with Dispensed (Dispensed Account). You will be prompted to provide information about yourself by the Dispensed Account registration form. You represent and warrant that:
(i) all required registration information you submit is complete and accurate; and
(ii) you will maintain the accuracy of such information at all times.
b. You may not create more than one Dispensed Account.
c. Dispensed may suspend or terminate your Dispensed Account in accordance with these Term.
d. You may delete your Dispensed Account at any time, for any reason, by sending an email to support@dispensed.co.nz which includes your Dispensed Account email, full name and your request to delete your account.
e. You are responsible for maintaining the confidentiality of your Dispensed Account login information and are fully responsible for all activities that occur under your Dispensed Account. You agree to immediately notify Dispensed (by sending an email to support@dispensed.co.nz) of any unauthorised use, or suspected unauthorised use, of your Dispensed Account or any other breach of security. Dispensed cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
f. We may permit you to log in to the Site or otherwise associate your Dispensed Account with your login credentials from certain social networking sites (SNS) (including but not limited to Facebook, Instagram and Twitter). We may receive information about you from a SNS, in accordance with the terms and conditions of the SNS.
• Patient Registration Scheme
By using the Services you consent to be part of a Dispensed patient registration and monitoring program for medicinal cannabis users and agree:
a. That once available, you may be given access to a Dispensed monitoring program (or otherwise labelled) and you consent to use the Dispensed monitoring program to monitor your symptoms, progress and any other personal details;
b. That the Dispensed monitoring program will track and monitor your personal details, clinical details and medicinal cannabis data;
c. That you consent that any data entered in the Dispensed monitoring program becomes accessible, stored and used by Dispensed or other companies in the same group of companies as Dispensed, and that you release any claim you may have over the use of data collected by Dispensed for those purposes; and
d. That you may be contacted by Dispensed with further information on medicinal cannabis as it is made available by the Dispensed.•
Disclaimers
a. To the extent permitted by law, and subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the New Zealand Consumer Law, the material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy.
b. All information contained on the Site and about the Services is for informational purposes only and is not a substitute for medical or health practitioner consultation.
c. Dispensed is not responsible for your relationship or experiences with third parties or other Users of the Site or Services.
d. Dispensed is not obliged to screen third parties to determine whether they are qualified or authorised by law to provide their services or to determine the accuracy of the information they provide.
e. Any information accessed through the Site, or within any of Dispensed’s social media pages or channels is for information and educational purposes only and is not intended to be a substitute for medical advice, diagnosis, or treatment.
• Indemnity
a. In this clause, a reference to Dispensed includes its officers, directors, contractors, employees and agents.
b. You agree to indemnify and hold Dispensed harmless from any and all losses (including reasonable legal costs and expenses) or liabilities incurred by Dispensed arising from any claim, demand, suit, action or proceeding by any person against Dispensed arising from, in connection with or in respect ofyour violation of the User Terms.
c. To the extent permitted by law, and subject in particular to any consumer guarantees under New Zealand Consumer Law which cannot be excluded, in no event shall Dispensed be liable to you or any third party for any loss ofprofit, or any indirect, consequential, incidental, special or punitive damages arising from these Terms and from the use of the Site or Services or from the inability to use the Site or Services.
• Access and use of the Site
a. License
Subject to these Terms, Dispensed grants you:
(i) a non-transferable, non-exclusive licence to use the Site and Services for your personal, non-commercial use; and
(ii) a non-transferable, non-exclusive license to install and use the software Dispensed 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. For the avoidance of doubt, as used in these Terms, the term “Services” includes the use of the Mobile App.
b. Certain Restrictions
The rights granted to you under these Terms are subject to the following restrictions:
(i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services;
(ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; and
(iii) you shall not access the Site or Services in order to build a similar or competitive service.
• Modification
Dispensed 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 Dispensed 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 (Email)
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 and other Users
a. You acknowledge and agree that you are solely responsible for your User Content. Dispensed is not responsible for nor makes any guarantees or assumes any responsibility for any User Content, including its accuracy, completeness, suitability, timeliness, currency, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Dispensed 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.
b. You agree not to use the Site, Services, or any of Dispensed’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.
c. You hereby grant, and you represent and warrant that you have the right to grant, to Dispensed an irrevocable, non-exclusive, 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 Dispensed any feedback or suggestions regarding the Site or Services (Feedback), you hereby assign to Dispensed all rights in the Feedback and agree that Dispensed shall have the right to use such Feedback and related information in any manner it deems appropriate. Dispensed will treat any Feedback you provide to Dispensed as non-confidential and non-proprietary. Dispensed will not modify the Feedback. You agree that you will not submit to Dispensed any information or ideas that you consider to be confidential or proprietary.
• Acceptable Use Policy
a. 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 unauthorised 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.
(viii) You agree:
(a) Not to submit any false, incorrect or misleading information through your usage of the Site;
(b) Not to reproduce, duplicate, copy or re-sell any part of our Site or content, including graphics, icons, logos and service names;
(c) Not to access without authority, interfere with, damage or disrupt any part of our Site, including:
(1) any equipment or network on which our site is stored;
(2) any software used in the provision of our site; and/or
(3) any equipment, network or software owned by any third party.
b. 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 Dispensed Account in accordance with these Terms, 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 these Terms 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 Site or Service. Dispensed 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. Dispensed 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 Site or 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 Dispensed is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Dispensed 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 acknowledge that you access and use them entirely at your own risk. When you access or view 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, and other offers (Deals). Deals constitute Third-Party Materials under these Terms. Dispensed 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 Dispensed, is solely responsible for:
a. redemption of the Deal;
b. compliance of all aspects of the Deal with applicable law (including without limit, the advertisement, redemption, and terms, conditions and restrictions related thereto);
c. all goods and services it provides to you in connection with the Deal; and
d. any loss, damages, claims, liabilities and costs a Deal may cause you to suffer, either directly or indirectly, in full or in part
• Release regarding other Users, Third-Party Interactions or Third-Party Materials
a. Your interactions with other Users are solely between you and such User. You agree that Dispensed will not be responsible for any loss or damage incurred as the result of any such interactions. Dispensed is under no obligation to become involved or assist in the resolution of disputes between Users.
b. You hereby release and discharge Dispensed (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.
• Zero Tolerance to Aggressive or Threatening Conduct Towards Staff:
Dispensed has a zero-tolerance approach to any conduct that it reasonably believes to be threatening, menacing, aggressive or otherwise inappropriate towards its staff (Patient Misconduct). Dispensed, at its full discretion, can suspend or permanently ban you from using its Services, if you engage in Patient Misconduct.
• Term and termination
a. These Terms will remain in full force and effect while you use the Site or Services, however you acknowledge and agree that:
(i) we may suspend your rights to use the Site and/or Services (including your Dispensed Account); or
(ii) terminate your use of the Site and/or Services in accordance with these Terms,
at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of these Terms or any failure to schedule follow-up consultations as required. Upon termination, your Dispensed Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Dispensed Account involves deletion of your User Content associated therewith from our Site, Services, and live databases. Dispensed will not have any liability whatsoever to you for any termination of these Terms, including for termination of your Dispensed Account or deletion of your User Content.
b. Even after your use of the Site and/or Services in accordance with these Terms and Conditions is terminated, the provisions of these Terms and Conditions which are capable of operating will remain in effect.
• Jurisdiction
These Terms and Conditions shall be governed by, and construed in accordance with, the laws of New Zealand.
• Dispute resolution
a. 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 support@dispensed.co.nz. If such efforts prove unsuccessful in the reasonable opinion of Dispensed, 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.
b. Arbitration
Except for disputes brought in the Disputes Tribunal or the courts of New Zealand, all disputes between you and Dispensed arising out of, relating to or in connection with the Site or Services shall be exclusively settled through binding arbitration pursuant to the Arbitration Act 1996. For the avoidance of doubt, there is no judge or jury in arbitration. All arbitration between you and Dispensed is subject to the laws of New Zealand. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in these Terms and Conditions to the contrary, we agree that if Dispensed makes any future change to this dispute resolution provision, such change will not apply to any individual claim(s) that you had already provided Notice of to Dispensed. 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 New Zealand. You hereby accept the exclusive jurisdiction of such court for this purpose.
c. Confidentiality
All aspects of the arbitration, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
d. Future changes to dispute resolution
Notwithstanding any provision in these Terms to the contrary, Dispensed agrees that if it makes any future change to the dispute resolution process set out above (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 these Terms and Conditions as of the date you first accepted these Terms and Conditions (or accepted any subsequent changes to these Terms and Conditions).
• Booking Policies
Consultation cancellations
Your appointment is important to us and is reserved especially for you. We understand that life can sometimes get in the way and changes and cancellations may be necessary. Should you need to make changes to your appointment, we kindly ask that you provide a minimum of 24–48 hours’ notice. This policy is in place to allow your practitioner to offer your allocated time to another patient. You will be charged a cancellation fee equal to the cost of the consultation for any missed or cancelled appointments where you have provided less than 24 hours’ notice. •
Consultation refunds
Dispensed charges a consultation fee on behalf of our Dispensed Practitioners. This consultation fee is charged at the time of booking and is non-refundable.
• Prescription Delivery & Returns
Terms relating to dispatch, delivery and refunds of prescription products are set out in our Partner Pharmacy Terms of Sale attached at Schedule A (as well as any other relevant policies as published on the Site from time to time). By accessing the Services through Dispensed, you agree to the Partner Pharmacy Terms of Sale and any other relevant policies as published on the Site from time to time.
• Contact Details
• Company Name: Dispensed NZ Limited;
• Email: support@dispensed.co.nz;
• Phone: 03 965 9902;
• Address: Braithwaite and Pearks Ltd, Ground Floor, Torutek Building, Waikato Innovation Park, 1 Melody Lane, Hamilton, 3216, New Zealand.
Schedule A: Partner Pharmacy Terms of Sale (Terms of Sale)
We work with our independent partner pharmacies to fill your prescription. The User is responsible for all costs associated with accessing, purchasing and using the Products.
Acceptance of Products
To ensure your privacy and the safe delivery of your Products, all of our pharmacy deliveries require a signature upon acceptance. Please ensure you have allocated a delivery address where someone will be available to sign for your delivery between the hours of 9am–5pm, Monday to Friday. Products cannot be delivered based on an authority to leave direction. If no one is present to sign for your Products, your package will be taken to the nearest post office for collection and a card with collection instructions will be left at your address.
Title & Risk
The sale occurs upon your order leaving the Partner Pharmacy and the title to and legal ownership of the Products passes to you at the same time. Because you are the legal owner of the Products, you are responsible for those Products and the Products are at your risk from the time it leaves the Partner Pharmacy.
Returns & Refunds Policy
Our refunds and returns policy below is in addition to your rights under the New Zealand Consumer Law. This policy applies for online orders via our Partner Pharmacies only.
Unfortunately, refunds may not be provided on prescription items, pharmacy medicines or pharmacist only medicines. This is due to state health regulations as the products are unable to be returned to stock or re-sold after leaving the premises. Storage conditions and, therefore, the effectiveness of the medication is unable to be guaranteed once this has occurred.
Please contact Dispensed if the Product is:
• Faulty or is not as described;
• Significantly different to what was advertised;
• Unsafe; or
• Not of acceptable quality
Dispensed and the Partner Pharmacy reserves the right to return the Product to the manufacturer for further evaluation. The outcome of this evaluation will be provided and no refund or replacement will be provided if the item was damaged due to misuse or neglect by the User.No returns, refunds or exchanges will be offered for changes of mind by the User.
Damaged or Incorrect Products
Please contact Dispensed within 3 days of receipt of the Products if:
• your Products arrived damaged; or
• the incorrect item was delivered.
You may be required to provide us with an image of the damaged or incorrect Product in order to process a refund or replacement. If Dispensed accepts that the Products are damaged or incorrect, the User will not have to pay the cost of freight to return these Products.