Terms & Conditions

In these Terms & Conditions, the following terms have the meanings specified below unless otherwise indicated:

"Agreement" includes the Terms of Use, Delivery and Returns Policy, and the PLNTD Platform Policy, all of which are incorporated into these Terms & Conditions;

"Australian Consumer Law" refers to the regulations found in Schedule 2 of the Competition and Consumer Act 2010 (Cth);

"PLNTD Platform" denotes the platform that allows users to engage in discussions with experts and purchase products from our partner pharmacies;

"User" refers to an individual who accesses or uses the PLNTD Platform or Site;

"User Content" encompasses all data and content submitted by a User to the Site or Services, such as content in the User's profile, User reviews, and/or postings;

"Site" refers to plntd.com.au.

Usage Terms

Verteq Pty Ltd trading as PLNTD (PLNTD, us, we, or our) owns and operates the Site. The Site and the products and services provided through the Site (collectively, Services) are governed by the terms, conditions, and notices set forth in these Usage Terms (Usage Terms). By using the Services, you agree to abide by all Usage Terms, which we may amend periodically. It is recommended to regularly review this page to stay informed about any changes to the Usage Terms. The Site serves as a platform for obtaining consultations with medical and health professionals. PLNTD is not responsible for advice given by these experts and makes no claims regarding their competence or the relevance of the guidance provided or not provided. The Site may also allow you to access pharmacies or businesses that supply products prescribed or recommended by a practitioner. PLNTD is not liable for the quality or suitability of these products.

Modification of Usage Terms

PLNTD reserves the right to update the Usage Terms as necessary. Changes will be displayed on the Site. Updates become effective upon being published on the Site. Your continued use of the Site signifies your acceptance of the updated Usage Terms.

Associated Sites

The Site contains links to other websites not owned or controlled by PLNTD for your reference and convenience. PLNTD has no authority over websites it does not own or control and assumes no responsibility for any loss or damage that may arise from your use of other websites.

Privacy Policy PLNTD's Privacy Policy (the Privacy Policy) describes how we will collect, use, and disclose your information. By using the Site, you agree to the collection, use, and disclosure of your data in accordance with the Privacy Policy. The Privacy Policy can be accessed here.

Intellectual Property

a. Except for any use permitted under the Copyright Act 1968 (Cth), you are forbidden from modifying, copying, duplicating, republishing, framing, uploading to a third party, posting, transmitting or distributing content on the Site in any way, unless explicitly provided for on the Site or explicitly authorised in writing by PLNTD. The materials subject to this restriction include, but are not limited to, any text, graphics, logos, photographs, audio or video materials available on the Site.

b. Excluding User Content, you acknowledge that all intellectual property rights in the Site and Services are owned by PLNTD or PLNTD's licensors. The provision of the Site and Services does not grant you or any third party any rights, title, or interest in or to such intellectual property rights.

c. Copyright/Trademark Information. Copyright © 2023, Verteq Pty Ltd trading as PLNTD; the PLNTD logo; PLNTD (collectively, Marks) are pending trademarks of Verteq Pty Ltd. You acknowledge and agree that you are not permitted to use PLNTD's Marks or any third-party marks displayed on our site without prior written permission from, respectively, Verteq Pty Ltd or the owners of such third-party marks.

Eligibility

To use the PLNTD Platform in Australia, you must be at least 18 years old.

Accounts

a. To access specific features of the Site (e.g., the PLNTD Platform), you need to register for an account with PLNTD (PLNTD Account). The PLNTD Account registration form will require you to provide personal information. You confirm and guarantee that: (i) all necessary registration information you provide is complete and accurate; (ii) you will keep such information up to date at all times.

b. You are not allowed to create more than one PLNTD Account.

c. PLNTD may suspend or terminate your PLNTD Account according to these Usage Terms.

d. To delete your PLNTD Account at any time and for any reason, send an email to hello@plntd.com.au with your PLNTD Account email, full name, and a request to delete your account.

e. You are responsible for safeguarding your PLNTD Account login information and for any activities that occur under your account. You agree to notify PLNTD immediately in case of unauthorized use or suspected unauthorized use of your PLNTD Account or any other security breach. PLNTD will not be held liable for any loss or damage resulting from your failure to comply with these requirements.

f. We may enable you to log in to the Site or Service or associate your PLNTD Account with login credentials from certain social networking sites (SNS) (e.g., Google). We may receive information about you from an SNS, subject to the terms and conditions of the SNS.

Disclaimers

a. Consistent with non-excludable consumer guarantees and other consumer protection provisions of the Australian Consumer Law, the content shown on the Site is offered without any assurances, conditions, or warranties regarding its accuracy.

b. The information on the Site and services is intended for informational purposes only and should not replace medical or health practitioner consultations.

c. PLNTD is not responsible for your interactions with any practitioners, third parties, or other Users of the Site or Services.

d. PLNTD is not obligated to screen third parties to verify their qualifications or legal authorization to provide their services or to confirm the accuracy of the information they provide.

e. Any information obtained through the Site and Services or within any of PLNTD's social media pages or channels is strictly for informational and educational purposes and should not be considered a substitute for medical advice, diagnosis, or treatment.

Indemnity

a. In this clause, a reference to PLNTD includes its officers, directors, contractors, employees, and agents.

b. You agree to indemnify and hold PLNTD harmless from any and all losses (including reasonable legal costs and expenses) or liabilities incurred by PLNTD resulting from any claim, demand, suit, action, or proceeding by any person against PLNTD arising from, in connection with, or in respect of: (i) your breach of the Usage Terms; or (ii) your publication or distribution of any material or information.

c. Subject to any consumer guarantees under the Australian Consumer Law that cannot be excluded, PLNTD shall not be liable to you or any third party for any lost profit, or indirect, consequential, exemplary, incidental, special, or punitive damages arising from this agreement or from the use of the Site or inability to use the Site.

Access and Use of the Website

a. License: In accordance with the terms of this Agreement, PLNTD grants you a non-transferable, non-exclusive license to use the Website and Services for your personal, non-commercial purposes. Subject to the terms of this Agreement, PLNTD grants you a non-transferable, non-exclusive license to use the cloud-based software provided by PLNTD (PLNTD patient portal) exclusively on your personal device and for your personal, non-commercial purposes.

b. Certain Restrictions: The rights conferred to you under the Usage Terms are subject to the following limitations:

(i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or Services;

(ii) you shall not modify, create derivative works from, disassemble, reverse compile, or reverse engineer any part of the Website or Services;

(iii) you shall not access the Website or Services to create a similar or competitive service. Modification PLNTD reserves the right to alter, suspend, or discontinue the Website or Services, or any portion thereof, at any time, with or without notice. You agree that PLNTD will not be liable to you or any third party for any modification, suspension, or discontinuation of the Website or Services or any part thereof. 

Service and Medical Responsibility

The ‘service’ of providing medical care commences at the start of the consultation with a PLNTD Practitioner, and ends upon completion of the consultation. You understand and acknowledge that:

a. Any medical concerns that arise outside of the bounds of this service are to be solely directed to your primary treating doctor (GP), or the appropriate emergency medical service.

b. You release PLNTD from any responsibilities, or liability resulting from any damages, related to the provision of medical care outside of these bounds of service.

Communications

Text message 

a. By providing your phone number, you consent to PLNTD and its authorized agents sending you text (SMS) messages. Standard text messaging fees applied by your mobile phone carrier will apply to text messages we send. Your consent to receive promotional texts is not a prerequisite for any purchase or service provided by PLNTD. If you change or deactivate the phone number you provided to PLNTD, you must update your account information to prevent us from accidentally communicating with anyone who obtains your old number. You agree that texts, calls, or pre-recorded messages may be generated by automatic telephone dialing systems.

b. You can opt-out of receiving all text messages from PLNTD at any time by deleting your account or replying STOP to any text message from PLNTD.

NOTE: Opting-out of all text messages from PLNTD may restrict your ability to use specific Services. You may continue to receive text messages for a brief period while PLNTD processes your request, and you may also receive text messages confirming the receipt of your opt-out request.

c. You can opt back into receiving text messages from PLNTD at any time by notifying PLNTD or replying START to a text message from PLNTD.

Email

d. By providing your email address, you consent to receiving emails regarding our Services and those of third parties. You can opt-out of promotional emails by following the unsubscribe instructions in a promotional email.

User Content

a. You acknowledge and agree that PLNTD is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. PLNTD 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 utilise the Site, Services, or any of PLNTD's social media pages or channels to collect, upload, transmit, display, or distribute any User Content that:

(i) infringes any third-party rights, including but not limited to copyright, trademark, patent, trade secret, moral rights, privacy rights, publicity rights, or any other intellectual property or proprietary rights;

(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) violates 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 PLNTD an irrevocable, non-exclusive, royalty-free and fully-paid, worldwide licence to reproduce, distribute, publicly display and perform, create 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 concerning your User Content.

Feedback

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

Acceptable Use Policy

a. You agree not to utilise the Site or Services to:

(i) upload, transmit, or distribute any computer viruses, worms, or any software designed 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 about other users, including email 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

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

These Community Terms of Behaviour govern your conduct within our community and interactions with our employees, patients, prospective patients, suppliers, and pharmacies. The aim of these Terms of Behaviour is to maintain a respectful, safe, inclusive, lawful, and supportive environment for everyone involved.

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 PLNTD Account in accordance with these Terms of Use, and/or reporting you to law enforcement authorities) if we, in our sole discretion, suspect that you have violated the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.

Community Terms of Behaviour

Acceptance and Compliance

By engaging with our community, you agree to follow and abide by these Terms of Behaviour, as well as any applicable laws and regulations.

Code of Conduct

a. Mutual Respect: Participants must communicate respectfully with PLNTD at all times, refraining from any forms of threatening behaviour, personal attacks, or any language that is malicious, abusive, offensive, or misleading.

i. This includes any content posted online, such as Reddit or Facebook.

b. Inclusivity: Our community is committed to inclusivity and respecting differences. Discrimination, including racism and sexism, or any other prejudiced behaviour, is strictly prohibited.

c. Anti-bullying: Participants must avoid engaging in trolling, bullying, humiliation, or intimidation.

d. Ethical Conduct:

i. All participants are responsible for complying with the law. Illegal activities, including but not limited to fraudulent behaviour, defamation, sharing explicit material and falsifying information are not tolerated.

ii. Prescription medical cannabis is for the exclusive use of the patient to whom the medical cannabis is prescribed, and is forbidden to be distributed (given) or sold to any other person/s.

e. Appropriate Medical Use:

i. If prescribed, patients must use dried flower exclusively through a dried herb vaporizer and avoid inhaling it via combustion devices (e.g., bongs, pipes, joints). Such devices are considered drug paraphernalia, and patients must comply with Australian law regarding the use of dried flower

ii. Patients are prohibited from sourcing or consuming illicitly sourced medical cannabis while a patient of PLNTD.

iii. Patients are not to exceed the daily recommended limits of their prescription medical cannabis, and if they do, patients understand and accept that PLNTD will not increase the amount of prescription medical cannabis to cater for such use; and may discharge patients from the services of PLNTD.

Any violations of the PLNTD Code of Conduct will result in discharge from our clinical services.

Enforcement and Penalties

We reserve the right to take appropriate action, including but not limited to discharge from our medical services and/or community, if any participant violates these Terms.

Third-party interactions

During use of the Site or Service, you may engage in correspondence with, purchase goods and/or services from, or participate in promotions offered by third-party service providers, including practitioners, pharmacies, advertisers, or sponsors showcasing their goods and/or services through the Service. PLNTD 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, are solely between you and the applicable third party. PLNTD 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 interactions with any third party you engage with through the Service.

Third-party materials

The Site or Services may exhibit, incorporate, or provide access to 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 PLNTD is not accountable for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. PLNTD 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 offered solely for your convenience, and you access and use them entirely at your own risk. When you link to a Third-Party Material, the relevant third party's terms and policies apply, including the third party's privacy and data collection practices. You should conduct any investigation you deem necessary or appropriate before proceeding with any transaction related to such Third-Party Material.

Deals

The Site or Services may exhibit, incorporate, or provide access to coupons, promotional codes, giveaways, samples, and other offers (Deals). Deals constitute Third-Party Materials under these Terms of Use. PLNTD 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 PLNTD, is solely responsible for:

a. redeeming the Deal;

b. ensuring all aspects of the Deal comply with applicable law (including without limitation, the advertisement, redemption, and terms, conditions, and restrictions related thereto);

c. all goods and services it provides to you in connection with the Deal;

d. and all losses, damages, claims, liabilities, and costs it may cause you to endure, directly or indirectly, in full or in part, whether related to the use or redemption of a Deal or not.

Other Users

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

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

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

Term and termination

a. Subject to this Section, this Agreement will remain effective while you use the Site or Services.

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

(ii) terminate this Agreement,

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

b. Even after this Agreement is terminated, the provisions of this Agreement which can operate will continue in effect.

c. You understand that any active prescriptions that you may have at the time of termination of this agreement will be immediately cancelled, and that it is your sole responsibility to ensure the continuity of your medical care (i.e. access to medical cannabis, and any other required medical services) by seeking out an alternative medical provider.

Jurisdiction

This Agreement is governed by the laws of the State of Queensland.

Dispute resolution

a. Pre-Arbitration dispute resolution

We are always interested in resolving disputes amicably and efficiently. Efforts to informally resolve any dispute must be exhausted before any formal legal proceedings or arbitrations can be initiated. Most customer concerns can be resolved promptly and to the customer's satisfaction by emailing customer support at support@plntd.com. If such efforts are unsuccessful in the reasonable opinion of PLNTD, a party intending 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 small claims court or tribunal, all disputes between you and PLNTD arising out of, relating to, or in connection with the Site or Services shall be exclusively settled through binding arbitration under the then-current rules of Queensland for commercial arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court, and review by a court is limited. This arbitration agreement is subject to Queensland Law. The arbitrator's award may be entered in any court of competent jurisdiction. Notwithstanding any provision in this Agreement to the contrary, we agree that if PLNTD makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to PLNTD. If the arbitration in this Section is found unenforceable or not applicable for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Queensland, Australia. You hereby accept the exclusive jurisdiction of such court for this purpose.

c. Confidentiality

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

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, you understand that you must provide a minimum of 24 hours-notice. Failure to provide notice. 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

PLNTD charges a consultation fee on behalf of our Practitioners. This consultation fee is charged at the time of booking and is non-refundable.

Prescription Shipping and Returns Prescription Delivery & Returns

Dispatch, delivery and refunds of prescription products are per our partner pharmacies’ terms and conditions (as well as any other relevant policies). By accessing these services through PLNTD, you agree to our partner pharmacies terms and conditions and any other relevant policies.

Partner Pharmacy Terms of Sale 

We work with Partner Pharmacies to fulfill your prescription and by using our service you consent to this medication fulfilment process. All goods purchased from our Partner Pharmacies are the property of our Partner Pharmacies and are subject to the following terms and conditions.

Acceptance of Goods 

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. Prescription products cannot be given 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. ‍

Medication Substitution

Occasionally, medications that you have ordered are unable to be dispensed due to stock or supply issues. In the event that this occurs, and to ensure that your treatment is not interrupted, the Partner Pharmacy will provide you with a substitution. All medication substitutions are for similar medications. This process occurs automatically to reduce treatment interruption. You may not be notified of the substitution at the time that it occurs.

Sale

You are aware that PLNTD may receive a fee related to the dispensing of prescription medications from Partner Pharmacies. This fee helps us maintain our high level of service and support.

Title & Risk

‍The ‘sale’ occurs upon your order leaving the dispensing pharmacy and the title to the goods pass to you at that time. You are the legal owner of the products, are responsible for those products and the products are at your risk upon delivery.

Returns & Refunds Policy 

Our website’s returns policy is in addition to your rights under Australian 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, effectiveness of the medication, are unable to be guaranteed once this has occurred.

Damaged or Incorrect Products

Please contact PLNTD if the item is:

Faulty or is not as described;

Significantly different to what was advertised;

The product is unsafe; or

Not of acceptable quality

PLNTD and the Partner Pharmacy reserve 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. No returns, refunds or exchanges will be offered for changes of mind. 

Contact Details ‍

For any questions or notices, please contact us at:

PLNTD

ACN: 657 435 615

ABN: 27657435615
hello@plntd.com.au

9/204 Alice Street, Brisbane, Queensland, 4000