ACCEPTANCE OF TERMS AND CONDITIONS

  1. Introduction
    1. This website (https://www.leafmedicine.com.au) (“Website”) is owned, operated and controlled by Hello Mello Pty Ltd (ACN 645697623) trading as LeafMedicine (“LeafMedicine”, “we”, “us” or “our”). 
    2. These terms and conditions, together with our Privacy Policy, comprise the terms of a legal agreement between you and us for the purchase, fulfilment and delivery of prescription medicines to you on, or via, the Website (agreement). The term you or your refers to the person accessing, using or relying upon our Website and the Services offered, on or via, the Website.
    3. You acknowledge that you have read, understood and agreed to be bound by the terms of this agreement. By creating an account on our Website or the placement of an order for prescription medicines on, or via, the Website constitutes your acceptance of this agreement.
  2. What is LeafMedicine?
    1. Our Website is an online portal or platform that facilitates or connects customers with a network of registered doctors/prescriberss who prescribe medicines, a partner pharmacy who prepares, dispenses and delivers the prescription medicines and a team of healthcare professionals who provide specialised care during your treatment journey.  
    2. Our role is limited to:
      1. providing you with access to a network of registered doctors/prescriberss and pharmacys. Any registered doctors/prescribers (as an independent contractor) who we connect you with will perform a medical assessment to determine whether or not to prescribe medicines to you (based on the information you disclose to us and to the registered doctors/prescribers). If a registered doctors/prescribers prescribes medicines to you, our partner pharmacys  (who is an independent contractor) will prepare, dispense and deliver the prescription medicines to you; and 
      2. providing you access to a team of healthcare professionals and nurses who provide specialised care during your treatment journey; and
      3. acting as your payment agent. LeafMedicine™ shall pay on your behalf (i) the registered doctors/prescriberss from our network to medically assess and treat you and to prescribe medication to you; and (ii) our partner pharmacys to prepare, dispense and deliver the prescription medicines to you, (collectively, the “Services”).
    3. LeafMedicine™ are not registered doctors/prescriberss or pharmacys, nor do we employ registered doctors/prescriberss or pharmacys (and all registered doctors/prescriberss or pharmacys that form part of our network are independent contractors). LeafMedicine™ does not diagnose or treat medical conditions or illness and we do not prescribe medicines or recommend treatments to anyone. Our role in providing you with information, access and use of the Website and the Services should be construed strictly in this context only. 
  1. Information provided on this Website
    1. The purpose of this Website is to provide you with general information about prescription medicines and to assist you to connect with registered doctors/prescriberss who prescribe medicines and pharmacys who prepare and dispense the prescription medicines to you. The information, medical questionnaires and material contained on this Website or the labelling or packaging delivered with the prescription medicines does not constitute medical, health, pharmaceutical advice or other professional advice. 
    2. All information supplied on this Website or on the product packaging or labelling (including information about the prescription medicines) is for your convenience only. This Website and information contained on the product labelling or package is not a substitute or replacement for medical, health or pharmaceutical advice. You must seek medical, health or pharmaceutical advice from our network of registered doctors/prescriberss and/or our pharmacy or your own medical practitioner before using or ceasing to use any prescription medicines (including obtaining medical or health advice in relation to whether the prescription medicines are suitable and safe for use by you). Any reliance on, and use of, the information and material contained on this Website and on the product labelling or packaging is at your own risk. You should only use and consume prescription medicines in accordance with the directions of a registered doctors/prescribers or pharmacys.
    3. We do not warrant the accuracy or completeness of the information, statements, instructions and material provided on, or via, the Website or product packaging or labelling.
    4. LeafMedicine is under no obligation to update or correct this information or material nor notify you of any changes unless required by law. We assume no responsibility or liability for any inaccuracies, errors or omissions in the information, statements, instructions or materials contained on, or via, the Website or on the product labelling or packaging.
  1. Why are we telling you this? 
    1. We are telling you this because
    2. LeafMedicine is the operator of an online platform that connects customers with registered doctors/prescriberss and our partner pharmacy who prescribes, prepares and dispense prescription medicines. We are not doctors/prescriberss, scientists or a pharmaceutical company. Our terms and conditions below include several clarifying terms and exclusions of liability that make it clear that we are not providing you with medical, health or pharmaceutical advice and we will not be responsible for the results of you taking prescription medicines. We leave it to you, the registered doctors/prescriberss and the pharmacys to ensure that there is an accurate exchange of information before you are prescribed medicines and to ensure that the necessary consideration and expertise is applied to the decision to prescribe medicines to you.
    3. You acknowledge and accept that you are required take responsibility for your own health and wellbeing by:
      1. providing complete, up-to-date and accurate information about you and your health and medical history when you create an account on our website and access and using our Services.
      2. participating in medical reviews with our network of registered doctors/prescriberss.
      3. promptly advise your usual treating doctors/prescribers that you are taking prescription medicines ordered on, or via, this Website; and
      4. seeking your own medical advice and assistance if you believe you are suffering any adverse effects from taking prescription medicines.
    4. We do not warrant or guarantee that medicines prescribed and dispensed by our network of registered doctors/prescriberss and our partner pharmacy are suitable or safe to use or that you will obtain any particular outcome or benefits from the use of prescription medicines. As with many medications and treatments, there are possible side effects and results differ according to your particular circumstances. You accept these risks if you choose to take prescription medicines. 
  1. What are prescription medicines?
    1. The LeafMedicine packaged medicines are medications prescribed by our network of doctors/prescriberss and prepared and delivered by our partner pharmacy. Under Australian law we cannot legally advertise the active ingredients in these prescription medicines; however, our partner pharmacy will list the ingredients on the product packaging.
    2. If you have any known allergies to any medications and/or have previously experienced an adverse reaction to taking medications, you should not take the prescription medicines without approval from a doctors/prescribers.
  2. What is the process?
    1. By accessing and using our Services, you appoint LeafMedicine as your agent for the purpose of (i) appointing a registered doctors/prescribers from our network on an ongoing basis to medically assess whether the medications are suitable and safe for you to use and consume, and to prescribe the medication to you; and (ii) to engage our partner pharmacy to prepare, dispense and deliver the prescription medication to you; and
    2. The access to, and use of, our Website or Services does not create a doctors/prescribers/patient and pharmacy/patient relationship directly between you and us and you hereby acknowledge and agree that this is the case.
    3. When you use our service for the first time, you will be required to complete a medical health questionnaire. The medical health questionnaire will be provided to the registered doctors/prescribers from our network who will be treating you and a medical appointment will be scheduled with the registered doctors/prescribers we select for you. 
    4. At the medical appointment the registered doctors/prescribers will review and consider the medical health questionnaire and any other medical or health information you disclose to the registered doctors/prescribers. You must provide truthful and up-to-date medical information to the registered doctors/prescribers. If the registered doctors/prescribers requires additional information from you before he or she can make the decision to prescribe medication to you, the registered doctors/prescribers will follow-up with you by email or telephone. You agree to provide all additional medical or health information requested by the registered doctors/prescribers. If you do not provide the requested information, the registered doctors/prescribers cannot supply you with prescription medicines and we cannot provide you with Services.
    5. This initial consultation with a registered doctors/prescribers creates a doctors/prescribers/patient relationship between you and the registered doctors/prescribers (who is an independent contractor) and not us. We have no involvement in, and do not interfere with, the decision of the registered doctors/prescribers to prescribe prescription medicines to you. It is for the registered doctors/prescribers and pharmacy to exercise his or her professional judgement in determining whether or not to prescribe and dispense the medicines to you and we take no responsibility for the doctors/prescribers’s decision to prescribe, or to not prescribe, the medicines or the results of the doctors/prescribers’s decision. The registered doctors/prescribers will only consider whether the prescription medicines are suitable for you. The registered doctors/prescribers will not consider alternative treatments that may be available to you. If you wish to explore alternative treatments, you should seek advice from your regular doctors/prescribers or other appropriate medical services providers.
    6. If the registered doctors/prescribers determines that it would be appropriate and safe to prescribe medication to you to treat your medical illness or condition, the registered doctors/prescribers:
      1. depending on the active ingredients in the prescription medication, may be required to obtain approval from the Therapeutic Goods Administration and/or Department of Health) in your state or territory (Regulatory Authority);
      2. if the Regulatory Authority grants the registered doctors/prescribers a treatment permit to prescribe the medicines to you (or if no approval from the Regulatory Authority is required), the registered doctors/prescribers will prescribe an initial 30 day supply of medicines to you; and
      3. shall send prescription in your name directly to our partner pharmacy for fulfillment. You will be advised by email that the registered doctors/prescribers has prescribed the medication to treat your illness or condition, and you will be contacted by our partnered pharmacy to make payment for the prescription medication. 
  1. If the registered doctors/prescribers determines that the prescription medicines are not safe or suitable to treat your illness or condition, you will be notified by email.
  2. Provided you have made payment of our Fees, our partner pharmacy (who is an independent contractor) shall:
    1. manufacture and produce the medicines based on the combination of active ingredients and dosage levels as contained in the prescription received from the registered doctors/prescribers;
    2. contact you by telephone to verify your identity and to counsel you in relation to the use and consumption of the prescription medicine, including discussing the active ingredients in the medication, the possible side-effects or reactions to the prescription medication and to answer any relevant questions relating to the consumption of the prescription medication; and
    3. dispense and arrange for the prescription medication to be delivered to you. 
  1. Before your 30-day supply cycle of prescription medication is exhausted, the registered doctors/prescribers and our partner pharmacy will provide you with a further 30-day supply cycle of prescription medication. 
  2. On or about 60 days after you were first prescribed the medication (or early if you report any side-effects or adverse reactions to the prescription medicines), the registered doctors/prescribers who treated you (or another registered doctors/prescribers from our network) will schedule another medical appointment with you to discuss your treatment, including discussing whether the combination of ingredients and dosage levels in the prescription medicines continue to be safe and suitable in the treatment of your condition or illness.  At this time the registered doctors/prescribers may adjust the active ingredients or the dosage levels in the prescription medicines to optimize the treatment of your illness or condition. In such cases, the fees for the prescription medication may change.  
  3. If the registered doctors/prescribers (in his or her independent professional judgement) determines that it is suitable and safe for you to continue to consume the prescribed medication, the registered doctors/prescribers will continue to prescribe the medicines to you in 60-day supply cycles until your next medical appointment, which will be scheduled every 6 months. 
  4. You acknowledge and agree that you are required to participate in a medical assessment with a registered doctors/prescribers every six months (or at any other time if the registered doctors/prescribers from our network requires you to do so) to determine whether it is still suitable and safe to prescribe the prescription medicine to you. You must provide up to date and additional medical or health information to us or the registered doctors/prescribers prior to each medical appointment if there has been any change in your health or medical condition, or if you have experienced any adverse symptoms that might be associated with prescription medicine.
  5. If you do not actively participate in any medical appointment or assessment, the registered doctors/prescriberss from our network will not be able to treat you and prescribe medicines to you. LeafMedicine, our officers, directors, employees, the registered doctors/prescriberss and partner pharmacy will not be liable to you for any loss or damage (including personal injury) as a result of, or in connection with, your failure to attend medical appointment or assessments. If you fail to attend a medical appointment or assessment, we may terminate our services. 
  6. Understand?

By creating an Account on our Website, you acknowledge and agree to the arrangements and terms detailed above and to the additional terms and conditions detailed below.

  1. More terms and conditions (The Important Fine Print)
    1. We may change any content on our Website, including these terms and conditions, at any time. You must regularly check this Website, including these terms and conditions, in order to identify any such changes. You agree that following any such terms and conditions, the terms and conditions as changed, will apply to any access, transaction, action, activity or interaction between or involving you and us occurring after that change.
    2. We do not guarantee that prescription medicines will result in your desired or preferred outcome or that it will result in improved health or wellbeing. Results may differ between individuals. You agree that you understand this and also understand that prescription medicines will not result in a permanent cure or may not be an effective treatment for your condition or illness and that any results you experience from taking the prescribed prescription medicines are dependent on continuing to take prescription medicines as directed by a registered doctors/prescriber. To continue to access prescription medicines prescribed and supplied by our network of registered doctors/prescribers and our partner pharmacy, you must continue to use our Services, pay the ongoing fees specified in this agreement and continue to take the prescription medicines as directed by the registered doctors/prescribers
    3. If you receive prescription medicines and experience any adverse effects or symptoms (or suspect you may be experiencing such adverse effects or symptoms) you agree that you will immediately:
      1. cease taking prescription medicines.
      2. seek medical advice from your own doctor; and
      3. advise us via emailing us (via the contact details provided on our Website).
    4. You should not create an Account or access or use our Services if you:
      1. are under the age of 18;
      2. are not the patient;
      3. have ever had an adverse reaction to any of the constituent ingredients of prescription medicines;
      4. are pregnant;
      5. are not resident in Australia;
      6. suffer from schizophrenia or psychotic illness;
      7. suffer from severe personality disorder; or
      8. suffer from severe or unstable cardio-pulmonary disease.
    5. By creating an Account and accessing or using our Services, you warrant that none of the circumstances in clause 16.4 apply to you.
    6. You warrant that all information you provide to us (including your Personal Information) is complete, up-to-date and accurate. You acknowledge the importance of this as the information you provide in relation to your health and medical condition will be relied on by the registered doctors/prescribers and pharmacy involved in prescribing prescription medicines to you, including in assessing whether the prescription medicines is safe and suitable for you. Providing false or inaccurate information is a breach of this agreement and, more importantly, is dangerous as persons with certain medical conditions and health circumstances should not take prescription medicines.
    7. You must not create an Account in someone else’s name and you must not supply prescription medicines to any other person. If the registered doctors/prescribers prescribe medicines in your name, it is for your personal use only and is not to be taken by any other person or re-sold.
  1. Fees and payment
    1. During the Term, LeafMedicine will charge you a fee to access and use the Services and to cover the cost of the prescription medication (Fees). The Fees are in Australian Dollars (AUD) and are exclusive of GST. 
    2. For prescription medication that lasts 30 days, you will be charged every 30 days and receive medication every 30 days.
    3. For prescription medication that lasts 60 days, you will be charged every 30 days, but you will receive medication every 60 days. If you terminate the agreement for any reason, you will pay for all prescription medication delivered to you (but not yet paid for by you during the Term). 
    4. The Fees will vary depending in the active ingredients or the dosage levels in the prescription medicines. You agree to pay the Fee current at the time of payment. 
    5. By signing this agreement, you authorize us to arrange for the Fees (and other amounts owing by you under this agreement) to be debited from your credit card or bank account (as applicable). 
    6. It is your responsibility to ensure that there are sufficient funds available on your credit card or bank account (as applicable) to allow each debit to be made. If there are insufficient funds: 
      1. The transaction will be rejected, and the payment will be treated as if it were never made.
      2. Your financial institution may charge you a fee and/or interest. 
      3. We may charge you a dishonor fee at our prevailing rate at the time; and
    7. It is your responsibility to check your credit card or bank account statement (as applicable) to verify that the amounts debited from your credit card or bank account are correct.
    8. If you fail to pay the Fees (or any other amounts) by the due date, without limiting any other remedies available to us under this agreement or at law, LeafMedicine, may, in our absolute discretion, do any or all the following:
      1. charge interest on all outstanding amounts that are due LeafMedicine™ under this agreement, charged at an interest rate of 1.5% per month (18% per annum); or
      2. suspend access to the Services (without liability to you) until all outstanding amounts (including interest) that are due to LeafMedicine under this agreement are paid in full; or
      3. terminate the agreement in accordance with clause 12.
      4. You will pay LeafMedicine all costs and expenses incurred in recovering any outstanding amounts (including interest) that are due to LeafMedicine under this agreement, including legal costs or other expenses incurred by LeafMedicine in relation to enforcement steps or mercantile or collections agents.
  1. Delivery
    1. Our partner pharmacy uses Australia post or other delivery third party service providers from time to time to deliver the prescription medicine to the delivery address nominated by you. Delivery dates are estimates only and are not binding on us. 
    2. The risk of the prescription medicine, including from loss, theft, damage or destruction of the prescription medicine, shall be passed to you on and from delivery to your nominated delivery address. 
    3. If our partner pharmacy has been unable to deliver the prescription medicines due to your error or fault after 14 days or 3 attempts (whichever is sooner), we reserve the right to cancel your order. In these circumstances we will refund you the price of your order, less a $100 cancellation fee plus the delivery and handling fees incurred by us.
    4. If the delivery of prescription medicines is delayed for any reason, we will not be liable to you or anyone else for any losses, damages, costs or expenses arising out of, or in connection with, any delay in delivery of the prescription medicines. We shall use reasonable endeavours to promptly notify you of any delays in delivery of the prescription medicines.  
    5. The prescription medicines will not be delivered to a post box, post restante address or address outside of Australia.
  2. Term, suspension and termination
    1. This agreement commences on the date you create an Account and continues until terminated in accordance with clause 12 (Term).
    2. Either party may terminate this agreement at any time. If you wish to terminate this agreement, you must email us at hello@LeafMedicine.com.au. 
    3. We may, in our absolute discretion and without notice, terminate, suspend or block your access to our services, the Website, this agreement or your access to any prescription medicines offered, on or via, the Website for any reason (or no reason), including as result of, or in connection with:
      1. any breach of this agreement by you;
      2. request by law enforcement or other government agencies;
      3. discontinuance of the Website or any sites linked to this Website (or any part thereof); or
      4. planned or unplanned service outages, technical or security failures, maintenance works or excessive server load on the technical equipment used by us or our third party providers, 

and we will not be liable to you or anyone else arising out of, or in connection with, any such suspension or termination.

  1. Liability 
    1. To the maximum extent permitted by law, LeafMedicine™, our directors, employees, contractors and agents exclude:
      1. all representations, conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied or imposed by statute, common law or equity;
      2. all liability to you or anyone else for any:
        1. direct, indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities; or
        2. loss of profits, business interruption, loss of revenue, economic loss, loss of goodwill, loss of or damage to reputation, downtime costs, loss of use, failure to realize anticipated savings, loss under or in relation to any other contract, loss of opportunity or expectation loss or loss of production; or
        3. loss of, or damage to, any property or any personal injury or death to you or anyone else, rising out of, relating to or connected to, your access and use of our Website and Services, the preparation, provision, delivery and use of the prescription medicines, any information or material displayed on, or via, the Website, the provision and reliance on medical, health or pharmaceutical advice supplied or made available to you by a registered doctors/prescribers or our partner pharmacy, or under this agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring. 
  1. Nothing contained in this agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation where to do so is unlawful.
  2. Under no circumstances will our aggregate liability, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed the price paid by you for the Services under this agreement in the preceding 1 month of the claim.
  3. You must follow all directions and instructions given to you by any doctors/prescribers or pharmacy in respect of prescription medicine, including any instructions for use provided to you with any course of prescription medicine. Such instructions may change from time to time or with changes in the dose of ingredients included in your prescription of prescription medicine and you agree that you will carefully read instructions provided to you with, or in respect of, prescription medicine on each occasion that they are provided. You acknowledge that you have read the information on our website and provided to you by any doctors/prescribers or pharmacy engaged in the process of prescribing and providing prescription medicine to you in respect of the possible adverse effects (side effects) of taking prescription medicine.
  4. We do not guarantee that prescription medicine is an appropriate treatment for you or that you will receive any benefit or desired outcome from taking prescription medicine. We do not guarantee that you will not suffer any adverse effects from taking prescription medicine. We are not liable to you or anyone else for any event resulting from you taking prescription medicine or from us terminating or suspending your Account or refusing to provide Services to you (including services that assist in enabling you to take prescription medications). Without limiting the foregoing, if you don’t like this, or do not accept that we will not be liable for such matters, do not proceed to create an Account on our website, do not request prescription medicine and do not take prescription medicine.
  5. Intellectual Property
    1. We are the owner or the licensee of all material and content published on, or via, the Website (including all intellectual property contained therein) (Content). This Website and Content is protected by copyright and other intellectual property laws. All such rights are reserved.
    2. You may download and print Content from this website for your own personal purposes only. You are not allowed to modify, adapt, copy, distribute, license, transfer, or sell any of our Content found on or obtained from our website without our written consent. 
    3. Unless expressly permitted by us, you agree that in accessing and using our website, you will not:
      1. download (other than page caching) or modify our website or any portion of our website.
      2. impersonate or falsely claim to represent a person or organization;
      3. frame our website without our express written permission; or
    4. post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use our website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights.
  6. Links to or from other sites

We do not recommend or endorse any third party goods, services or content appearing on, or via, this Website, or other sites which are linked to this Website, nor imply any association with their owners or operators. Such third party references or links are provided for your information and convenience only. Your linking to or from these sites, or use of, or reliance on, such sites, products or services is at your own risk and we do not accept responsibility for any loss or damage that may arise from your access to, and use of, them (notwithstanding anything else contained herein or otherwise).

  1. General 
  1. A waiver of any right under this agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.
  2. If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, then the other provisions shall remain in force.
  3. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, then the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
  4. This agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangements, understandings or agreements between them relating to the subject matter which they cover.
  5. You will not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under this agreement.
  6. Nothing in this agreement is to be construed as constituting a partnership, employment relationship, joint venture, or any other form of association between the parties in which 1 party may be liable for the acts or omissions of any other party.
  7. If there is any inconsistency between this agreement and the term of any other document referred to in this agreement, this agreement shall prevail to the extent of any inconsistency.
  8. This agreement will be governed by and construed in accordance with the laws in force in the State of Victoria, Australia.