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- Healthcare Professionals
VERTEQ PTY LTD (ACN 657 435 615) trading as PLNTD ("PLNTD")
AND
THE PATIENT (the party that books an Appointment, uses our Services, or uses our Website) (“The Patient” / “You”)
PLNTD is an online platform that connects eligible Australian patients with Subcontractor Doctors. These Conditions apply to all persons who use our Website, Portal and / or who book Consults with PLNTD.
Before a Consult, You should ensure:
a) You prepare any questions You may have for the Subcontractor Doctor;
b) Your Device is charged;
c) You have sufficient internet to attend the Consult via the Telehealth portal;
d) You are in a comfortable, quiet and private place, with sufficient lighting.
“Account” means your account with Us;
“Administration Costs” means costs incurred by us as a result of your Account or other costs owed by You in accordance with this Agreement being unpaid by the due date and include the Default Fee;
“Agreement” means these terms and conditions as amended from time to time;
“Commencement Date” means the date of this Agreement or the date any Prescription, Service or Quote is provided to You, whichever is earlier;
“Consult” means any Telehealth consult provided by PLNTD to the Patient;
“Consult Date” means the date the Consult is to take place, as booked by You and accepted by Us;
“Default Fee” means the sum of $39.00 plus GST being the fee payable if your Account shall be in arrears for greater than 14 days and we issue any reminder notices to You;
“Demand Costs” means the legal costs incurred by Us to issue a letter of demand to You if your Account remains unpaid for a period of 28 days from the due date, being $250.00 plus GST as at the date of this Agreement;
“Device” means a device that You will use to attend the Consult;
“Fees” means any fees payable by You for the Consults;
“Subcontractor Doctor” means any Subcontractor Doctor that provides a Consult to You via PLNTD;
“Force Majeure” shall mean any event causing delays or issues in the provision of the Services by Us, for any reason whatsoever outside of Our control including pandemic, epidemic, war, bushfires, flood, terrorism, inclement weather, illness, death, information technology failures and any other event which We determine, acting reasonably, stops Us from complying with this Agreement;
“Invoice” means a tax invoice issued by Us to You for the supply of Prescriptions and / or Services, as required from time to time;
“Medical History” means the medical information provided by You, prior to or during a Consult, from which We derive the relevant information in order to consider the best medications and treatment plan for You;
“Partnered Pharmacies” means pharmacies that may dispense scripts to the Patient, which we recommend;
“Portal” means the online portal in which You book Consults and attend a Consult through electronic means;
“Prescriptions” means the Prescriptions written by and / or supplied by Us, the Subcontractor Doctor’s or Our Partnered Pharmacies to You in accordance with this Agreement;
“Rebates” means any Medicare or private health care rebates or government concessions the Patient may be eligible for;
“Service” means any service utilised or requested by You from PLNTD in accordance with this Agreement, including but not limited to Consults, medical advice or any other services we may offer from time to time;
“Treatment Plan” means the Treatment Plan issued by the Subcontractor Doctor following the Patient’s consult;
“Term” means the term of this Agreement beginning from the Commencement Date and terminating on such date we provide Our last Prescription or Consult to You in accordance with the Treatment Plan;
“Third Party Provider” means any third party providing Prescriptions and Services to You and / or the Patient, including but not limited to Subcontractor Doctor and any other service providers (including pharmacists);
“Us” / “Our” / “We” means PLNTD and any Subcontractor Doctor PLNTD;
“Website” means the PLNTD website at www.PLNTD.com.au and the PLNTD Portal, at my.plntd.com.au;
“You” means the Patient, or where the Patient is a minor, a legal guardian of the Patient.
3.1 PLNTD agrees to provide the Services to The Patient within Australia.
3.2 The Services to be provided by PLNTD may be amended from time to time with notice to You and the amended Services may attract additional Costs, which will be detailed in any Treatment Plan or as PLNTD see fit.
3.3 PLNTD’s role in proving the Services is to provide the Portal and introductions between the Patient and the Subcontractor Doctor. PLNTD are not a party to the Subcontractor Doctor/ Patient relationship.
3.4 Booking a Consult after You have been provided with these conditions, implies that you agree to PLNTD’s terms of trade, being these terms and conditions, and accept the Fees.
3.5 We reserve the right to cancel your Account and decline You Services at Our absolute discretion.
3.6 PLNTD cannot guarantee eligibility for Medicare or other health rebates.
3.7 You acknowledge that the Prescriptions, certificates and referrals are provided at the discretion of the Subcontractor Doctor.
4.1 Opening an Account
You may become a Patient by applying to PLNTD to hold an Account and, by creating an account within the Portal, You are indicating Your acceptance of these Conditions. If We determine for any reason whatsoever that We do not wish to provide You with an Account, We will refund any monies owed to You and this will terminate this Agreement forthwith.
4.2 User Name and Password
a) You must not allow third parties to access your Account and you must not share your user name and password with any third parties.
b) You will be responsible for all activities that occur with your Account, as if such actions have been completed by You, and therefore you should keep your password confidential. Any persons that You allow to use Your Account will be deemed to have Your authority at all times and You will be liable absolutely for their actions in relation to Your Account and the Portal.
c) You agree to notify Us immediately of any unauthorised use of your user name or password or if you believe that a password linked to Your Account is no longer confidential;
d) We reserve the right to require you to alter your user name and/or password if We believe that your Account is no longer secure; and
e) We shall not be responsible for any losses arising out of the unauthorised use of your Account.
4.3 Eligibility for Account
You must be over the age of eighteen (18) years of age and approved by PLNTD as a User.
4.4 Account Information
You warrant that any information provided by You in the course of applying for an Account and in the course of using the Portal, is current, complete and accurate. You must maintain and update all information provided to Us and ensure that such information is current at all times. You must not apply to be a User under false identities or personas. You agree that We may store and use Your information in accordance with our Privacy Policy and the terms and conditions of our Privacy Policy form part of this Agreement.
5.1 Availability of Portal
You acknowledge and agree:
a) the availability of the Internet and your ability to use the Portal is on an “AS IS” and “AS AVAILABLE” basis;
b) availability of web-based services is not guaranteed;
c) We are not responsible for any limitations of the Internet or the service provided an internet service provider (“ISP”) at any time;
d) If Your ISP fails to deliver any communication to Us or another party in a timely fashion, due to, but not limited to, ISP issues, Internet issues, mobile network failure or non-compatibility of your Device with the Portal, you acknowledge and agree that We shall not be liable for any loss or damage;
e) we do not and cannot warrant that the ISP used by Us, You or any Subcontractor Doctor will be uninterrupted or error-free;
f) we cannot guarantee a timeframe for restoration of any internet service, should it fail; and
g) we are not liable to you for any loss or damage you may suffer as a result of using the Internet to send or receive data which may contain viruses or other harmful software.
5.2 Technical Support
You are entitled to standard support from Us consisting of online support services, as outlined at https://my.plntd.com.au/support/. This relates to the use of the Portal only, such as reporting of bugs or errors within the Portal.
5.3 Third-Party Materials
We may provide links to third-party websites within the Portal from time to time as we see fit. You agree that We are not responsible for examining or evaluating the content or accuracy of any third party information. You hereby release Us from any and all liability or responsibility resulting from any third-party services or websites, or for any other materials, products, or services of third parties which you may use. You agree that You will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that We are not in any way responsible for any such use by You.
5.4 Intellectual Property
a) PLNTD owns and / or licenses all proprietary and intellectual property rights in the Portal (including text, graphics, logos, icons and sound recordings) and other material underlying and forming part of the Portal and no term of this Agreement shall be treated as vesting, transferring or otherwise parting with possession or ownership of any of those said rights at any time.
b) You may not without Our prior written permission (which may be withheld at our absolute discretion), in any form or by any means reproduce, copy, adapt, distribute, display, print, perform, publish or create derivative works from any part of the Website or Portal or commercialise, copy, or on-sell any information, or items obtained from any part of the Website or Portal.
c) You agree that the Portal, including but not limited to domains, products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used in the Portal contains proprietary information and material that is owned by Us, and is protected by applicable intellectual property and other laws, including but not limited to copyright.
d) You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Portal in compliance with this Agreement. No portion of the Portal or Website may be reproduced in any form or by any means, except as expressly permitted in these terms, or allowed in writing by Us. You agree not to exploit the Portal in any unauthorised way whatsoever.
e) Notwithstanding any other provision of this Agreement, We reserve the right to change, suspend, remove, or disable access to the Portal, content, or other materials comprising a part of the Portal at any time without notice. In no event will We be liable for making these changes. We may also impose limits on the use of or access to certain features or portions of the Portal, in any case and without notice or liability.
f) All copyrights in and to the Portal (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Us and We reserve all our rights in law and equity.
g) You agree that the use of the Portal, except for use of the Portal as permitted in this Agreement, is strictly prohibited and infringes on the intellectual property rights of PLNTD and others and may subject You to litigation, including possible monetary damages, for copyright infringement.
5.5 License to Use Portal
a) The Portal made available through Us is provided to You under a license and is not sold to You. Your right to use the Portal that you obtain through Us is subject to your prior acceptance of this Agreement in its entirety. We reserve all rights to the Portal not expressly granted to you under this Agreement. Your use of the Portal is deemed acceptance of this Agreement.
b) Subject to the terms of this Agreement We grant to you a non-transferable, non-exclusive, royalty-free, fully paid, license (without the right to sublicense) to install and execute the Portal.
c) The license described herein shall terminate upon termination of this Agreement, howsoever caused.
d) Scope of License: This license granted to You for the Portal by Us is limited to a non-transferable license to use the Portal on any Supported Browser Versions as applicable that You own or control and as permitted pursuant to this Agreement. This license does not allow You to use the Portal on any Device that You or a User does not own or control, and except as provided in the Usage Rules, you may not distribute the Portal.
e) Consent to Use of Data: You agree that We may collect and use technical data and related information—including but not limited to technical information about Your Device, system and software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to You (if any) related to the Portal. We may use this information, as long as it is in a form that does not personally identify You, to improve products or services or technologies and this information will at all times be held and / or used in accordance with our Privacy Policy.
5.6 Acknowledgements
a) You acknowledge that complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of this Agreement, We give no warranty or representation that the Portal will be wholly free from defects, errors and bugs.
b) You acknowledge that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of this Agreement, We give no warranty or representation that the Portal will be entirely secure.
c) You acknowledge that the Portal is designed to be compatible only with some Devices and We do not warrant or represent that the Portal will be compatible with any other software or systems. You agree You will check our Website for details of the compatible Devices to ensure You have a compatible Device before booking a Consult.
5.7 Harmful Software
a) We will make best endeavours to ensure the Portal and Website and any electronic communication from Us is virus free, but we cannot guarantee the same and You agree and acknowledge that You must have up to date virus protection programs in place to afford You the best protection while using the same.
b) You must not promote or distribute any viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications or technologies.
6.1 You may only engage with a Subcontractor Doctor via the Portal at all times during your consultation times through the elected method of communication of the Subcontractor Doctor.
6.2 You must provide Us with ongoing information regarding Your requirements, health or other information We reasonably ask You for, either verbally or by providing Us with access to relevant documentation, so the Subcontractor Doctor may ensure the Prescriptions and Services are suitable to You.
6.3 You must respond to our queries in a timely manner.
6.4 You must, at all times, act in a reasonable and respectful manner towards Us, the Subcontractor Doctor, our agents and employees.
7.1 You agree and acknowledge that PLNTD charges a Consult fee on behalf of our Subcontractor Doctor. This consultation fee is charged at the time of booking and is non-refundable, unless We receive more than 24 hours notice of cancellation.
7.2 The Consult payments shall not be refunded if the Subcontractor Doctor that provides the Consult is not the Subcontractor Doctor requested by You.
7.3 Any concerns relating to an invoice should be addressed to PLNTD within seven (7) days of receipt of said invoice.
7.4 Rebates: Any rebates are the responsibility of the patient.
7.5 Interest on Arrears: We reserve Our right to charge You interest on any accounts in arrears for more than 7 days (or outside of any other agreed payment terms) at a rate of 12% per annum. The interest charged will form part of the arrears and must be paid in full before the release of any Prescriptions or provision of any further Consults to You.
7.6 Administration Costs, Default Fees & Demand Costs: We may charge you Administration Costs, Demand Costs and / or Default Fees in accordance with this Agreement if You do not pay Your Invoices as required. These costs also include any debt recovery and legal costs (on an indemnity basis) that may be incurred by Us should you default on this Agreement.
7.7 GST: All Costs and charges are exclusive of GST unless otherwise stated.
7.8 Refund Policy
a) There will be no refunds if this Agreement is terminated by PLNTD due to misconduct of any Patient.
b) You will not be refunded if the outcome of your consultation is a referral or if a particular script is not provided.
c) 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, failing which You will be charged a cancellation fee equal to the cost of the Consult for any missed or cancelled appointments where you have provided less than 24 hours’ notice.
8.1 Quality and Timing of the Prescription or Service
a) We will endeavour at all times and wherever reasonably practicable to ensure that the Prescriptions and Services provided to You are as described and as requested.
b) We will endeavour to notify You as soon as possible if We expect that the time for provision of the Prescriptions or Services (as noted in the Quote) may be delayed for any period of time, whether through supply issues or account payment issues in so far as we are able to monitor the same.
8.2 Force Majeure: For any delays that may arise due to Third Parties, or for other reasons outside of Our control (such as Force Majeure) You agree and acknowledge that We will not be liable for any costs or delays for any Prescription Delivery or Services to be provided by Us pursuant to this Agreement.
8.3 Third Parties: Should Our ability to supply the Prescriptions, Subcontractor Doctor’s, Consults or Services to You be impacted by third parties, You agree that We will not be held liable.
8.4 No Guarantees
a) There is no guarantee You will see any particular Subcontractor Doctor at any time.
b) We cannot guarantee that Subcontractor Doctor or Partner Pharmacies will agree to provide any Prescriptions or Services to You, if they are not satisfied with your health condition or other information provided.
c) We cannot guarantee the Portal will be available at all times.
d) We cannot guarantee Consults will be on time, or take place at all.
a) 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. You consent to PLNTD and its Partner Pharmacies holding your prescription, including your repeats, to fulfil your order and provide our services. Shipping can take up to 14 days for medications to be delivered.
b) Partner Pharmacy Terms of Sale: We work with Partner Pharmacies to fulfil your Prescription. All goods purchased from our Partner Pharmacies are subject to these terms and conditions.
c) 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.
d) Agency Fee: You are aware that PLNTD may receive an agency fee or commission related to the provision of services.
e) Title & Risk: When You order a Prescription for delivery from our Partner Pharmacies, the ‘sale’ occurs upon payment of Your order. Once the Order has left the Partner Pharmacy, 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.
f) 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.
g) 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. You may be required to provide us with an image of the damaged or incorrect product in order to process a refund or replacement. The cost of freight will be covered for these returned products.
h) Third-Party Delivery Services: Issues related to third-party delivery services such as Australia Post or StarTrack, including delays, misdeliveries, or handling concerns, are outside the direct control of PLNTD. Please contact these services directly for any related issues. We are here to guide you if you need assistance.
10.1 This Agreement will commence once accepted by You, upon which time We commence preparations and research for The Patient, in readiness to provide Services from the date noted in the Quote.
10.2 You will be deemed to have accepted the terms and conditions of this Agreement if You:
a) Request or accept a Quote from Us;
b) Book any Consultation, Purchase any Prescriptions or request any Services from Us;
c) Pay a Deposit to Us; and / or
d) In any other way communicate with us in relation to the Prescriptions or Services.
10.3 This Agreement will continue in full force and effect until terminated by either party.
10.4 We reserve Our right at all times to terminate this Agreement should You or a Patient act in an angry, aggressive, abusive or threatening manner whatsoever.
10.5 Your obligation to pay monies to Us in accordance with this Agreement will survive the termination of this Agreement and if You terminate this Agreement through no fault of PLNTD, any monies paid in advance shall be forfeited.
10.6 PLNTD may, in its absolute discretion, noting its reputation is paramount, terminate this Agreement and / or suspend Services, with no notice period required and without being liable to The Patient or You for any damages whatsoever if:
a) There is a threat or risk to security to Us or Our Subcontractor Doctor, employees or agents;
b) You or The Patient are found to have committed acts of fraud or dishonesty;
c) You are considered by Us (in our absolute discretion) to be an unacceptably high credit risk;
d) You or The Patient request PLNTD to undertake illegal or underhanded acts that would jeopardise the reputation of the Subcontractor Doctor PLNTD, or are not of a suitable character which We wish to affiliate ourselves with; or
e) The Patient is determined to be bankrupt or insolvent.
11.1 Pre-Arbitration dispute resolution
a) 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 arbitration can be initiated.
b) Most customer concerns can be resolved promptly and to the customer's satisfaction by emailing customer support at hello@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 herein.
11.2 Arbitration
a) 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 Services shall be exclusively settled through binding arbitration under the then-current rules of Queensland for commercial arbitration.
b) 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.
Any and all advertising material, disclosure documents, Itineraries, reports or other items prepared or developed in the performance of this Agreement (collectively referred to as the Intellectual Property) shall be the absolute property of PLNTD at all times and not shared with any third parties without PLNTD’s consent.
No patients are able to use our platform if under the age of 18, or if they are ineligible for medicinal cannabis as per the TGA recommendations. Failure to disclose, or accurately provide, this information is the responsibility of the patient and not PLNTD.
a) PLNTD has no duty of care to the Patient whatsoever in relation to any Products or Services, save for any negligence which PLNTD cannot contract out of at law.
b) The duty of care owed by the Subcontractor Doctor and provision of any medical care by the Subcontractor Doctor commences at the start of the Consult with the Subcontractor Doctor and ends upon completion of the Consult.
c) You understand and acknowledge that:
i. Any medical concerns that arise outside of the bounds of the Consult are to be solely directed to your primary treating GP or the appropriate emergency medical service and;
ii. You release PLNTD and the Subcontractor Doctor from any responsibilities, or liability resulting from any damages, related to the provision of medical care outside of the Consult.
15.1 PLNTD accepts no responsibility for or damage causing financial hardship to The Patient for any reason whatsoever, or damage to property of The Patient other than proven negligence or malicious damage by PLNTD. In particular, but not limited to, from and against all claims, losses, proceedings, demands, actions, damages, costs (including legal costs), charges and expenses whatsoever in respect of any privacy or cybersecurity breach, personal injury (including death or disease) to any person, loss of or damage to any property or any economic loss arising out of or in connection with the execution of the Services by PLNTD or its or their agents, officers or employees (whether such services are provided in accordance with this agreement or arising from any direction, authorisation or requirement of The Patient or otherwise) or arising from a failure of the PLNTD to perform any of its obligations under this agreement unless and only to the extent that The Patient proves such injury, loss or damage or economic loss was caused solely by the intentional or negligent act or omission of PLNTD.
15.2 In entering into this Agreement, The Patient has not relied upon any warranty or representation in relation to PLNTD’s Services or PLNTD which are not expressly set out in this Agreement and The Patient has relied entirely upon its own enquiries in relation to the Services and PLNTD.
15.3 You agree and acknowledge that the Prescriptions that may be prepared by PLNTD as part of the Services are prepared utilising information provided by You / The Patient and PLNTD are not able to advise on whether the same are appropriate or sound in any circumstances.
15.4 You accept all liability for information provided to PLNTD, for checking the content of all documents / Treatment Plans created by PLNTD and all liability for compliance with any local laws and regulations as required from time to time.
15.5 Where a Subcontractor Doctor provides You with medical advice, You will ensure that You consider your own health and ability to undertake any activities whilst under the influence of any Prescriptions and generally take steps to assess the risks involved in any activity, which may be inherently dangerous while influenced by any medications.
16.1 At all times, We, the Subcontractor Doctor, You / the Patients must at all times abide by the following rules:
a) Mutual Respect: communicate respectfully, refraining from threatening behaviour, personal attacks, or any language that is malicious, abusive, offensive, or misleading.
i. This includes any content posted online, such as Reddit, Facebook or any other online platform.
b) Inclusivity: Discrimination, including racism and sexism, or any other prejudiced behaviour, is strictly prohibited.
c) Anti-bullying: 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.
17.1 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.
17.2 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 / the Subcontractor Doctor will not increase the amount of prescription medical cannabis to cater for such use; and may discharge patients from the services of PLNTD.
Should We enter into any subsequent agreement with You relating to any Prescriptions or Services and any further agreement conflicts with the terms of this Agreement, this agreement shall prevail to the extent of any inconsistencies, unless otherwise expressly noted.
Should We be required to instruct solicitors to enforce this Agreement against You, such as contacting You to demand the payment of Costs in relation to this Agreement, as well as commence any proceedings against You, You agree and acknowledge that You will be liable for all of our legal costs and expenses on a full indemnity basis.
20.1 We do not guarantee, represent, or warrant that your use of the Portal or Services will be uninterrupted or error-free. Third Parties may be involved in our provision of the Services and we may be limited through no fault of Our own in providing the same, such as Force Majeure and interruptions to telecommunications and utilities, outside of our control.
20.2 You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Us to You or any other person under or in connection with this Agreement, or in connection with the Services or the Prescription, or Your use of or inability to use the Prescription or the Services is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise providing that such loss or damage has not resulted from Our breach of this Agreement or Our negligent acts or omissions.
20.3 Our liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, general and special damages and consequential and incidental loss.
20.4 PLNTD is not responsible for advice given by the Subcontractor Doctor and makes no claims regarding their competence or the relevance of the guidance provided or not provided.
We may use Your address, contact and email account details as provided in this Agreement to provide You with Quotes, Invoices, reminder notices and other administrative notices and receipts from Us.
Your information will be provided to any Third Party Operators / insurers as needed, in order for them to provide the Prescriptions and Services to You, as requested by You. We will keep this information confidential as required and not provide the same to any other third parties at any time, unless you consent to the same.
You acknowledge we cannot control the storage of your private information by third parties, however we will make reasonable efforts to ensure only reputable service providers are uses and We will only provide any information reasonably needed to allow for Prescriptions and Services to be provided to You.
We will never sell your information to third parties, but may use the information to market Our Prescriptions and Services to you. You may stop this at any time by emailing us or unsubscribing to marketing material.
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. You hereby waive any claim to copyright any ideas, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You relating to the Portal or other business enterprises of PLNTD and its affiliates and assigns, and transfer all moral and legal rights in any such ideas / intellectual property absolutely, unconditionally, irrevocably and for nil cost to PLNTD.
This Agreement may be varied by Us from time to time by notice in writing to You.
The proper law of this Agreement shall be the law of Queensland and the parties to this Agreement agree to unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland.
All Notices must be in writing and addressed to the party at their address nominated in this Agreement, or as amended in writing from time to time.
For any questions or Notices to PLNTD, please contact us at:
PLNTD
9/204 Alice Street
Brisbane
QLD 4000
hello@plntd.com.au
We will communicate with You via electronic means to the email address or mobile number provided within your Account.
For contractual purposes, You:
a) Consent to receive communications from Us in an electronic form;
b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that We provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in hardcopy writing;
c) must ensure you take all necessary precautions to ensure Our electronic communication is received by You, including but not limited to editing spam filtering rules or adding Us as a trusted email source.
d) By providing your phone number, you consent to PLNTD and its authorized agents sending you text (SMS) messages.
e) Your consent to receive promotional texts is not a prerequisite for any purchase or service provided by PLNTD.
f) 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.
g) You agree that texts, calls, or pre-recorded messages may be generated by automatic telephone dialling systems.
h) 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. 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.
i) Email: 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.
You must not assign any of Your rights or obligations under this Agreement without Our written consent, which may be arbitrarily withheld.
Subject to any express consent in writing of any of the parties no waiver by any party or any default in the strict and literal performance of, or compliance with, any provision, condition, or requirement of this Agreement shall be deemed to be a waiver of strict and literal performance of, and compliance with, any other provision, condition or requirement, nor to be a waiver of, or in any manner release of, any other party from strict compliance with any provision or requirement in the future or in any manner impair the exercise of any such rights accruing to it.
29.1 This agreement constitutes the entire agreement between the parties in connection with its subject matter and supersedes all previous agreements, representations or understandings between the parties in connection with its subject matter.
29.2 Nothing in this Agreement shall constitute or be deemed to constitute a partnership, joint venture, or relationship of principal and agent or any other fiduciary relationship between the parties.
29.3 Any time or indulgence or any waiver by us of any terms or conditions of this Agreement shall not affect any of our other rights under this Agreement nor shall it at the same time be deemed to be a waiver by us of any other terms or conditions of this Agreement or subsequent breach of such term or condition.
29.4 PLNTD has the right to use its own staff for services provided to The Patient as it sees fit in its absolute discretion (e.g. PLNTD’s administrational staff may be engaged to assist in systems developed and Prescriptions and services provided to The Patient).
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