1) Introduction

RestoreMe Clinic Limited (RestoreMe / we) owns and operates the website at www.restoremeclinic.co.nz and associated webpages (Site). The Site provides information about RestoreMe’s business, services and products, as well as a portal through which persons can register and apply to be seen for a health consultation.

These Terms of Service and Acceptable Use Policy (Terms of Service) govern the use of the Site. Persons who access and use the Site (Users / you) in doing so agree to be bound by these Terms of Service, as amended from time to time. Users who do not wish to be bound by these Terms of Use should immediately cease using the Site.

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2) Registration and User Accounts

Registration

Users may apply to register with RestoreMe by following the links provided. Once a User is registered they may apply to determine their eligibility for a health consultation by submitting a preassessment form and, if eligible, progress to booking a consultation with one of our clinicians.

Registration is only available to people residing in New Zealand. Limited exceptions may be available on a case-by-case basis.

If you are under the age of 20, please contact us directly on 0800 7378 67363 so that either a consultation with adequate time is allowed or a referral to a suitable specialist can be scheduled.

When you register with us, you must do so on the basis that:

you have the honest and legitimate intention of seeking our health consultation services; and
you are seeking information from RestoreMe, and its clinicians, about possible products which could be used to treat your health condition(s), including information about medicines which do not yet have ministerial approval under the Medicines Act 1981 (referred to as ‘unapproved medicines’).

If you access our Site or attempt to use our services for any other purposes then you are violating these Terms of Service, regardless of your reason(s).

User accounts

Users seeking to register will be required to create an account by entering a login name, password and certain other information. Access to an account is restricted to the relevant User and must not be shared with any other person whatsoever.

Users are responsible for the security of their login details and for all activity that occurs on or through their account (whether authorised by them or not) and must not disclose or transfer their account password to anyone, or create more than one account. If you believe that your account has been compromised or used without authorisation you must immediately notify us.

You agree that all information which you provide to us via the Site, including in any application by you, is current, accurate and complete. You must notify us if your submitted information or circumstances change.

You agree that we may contact you using the contact details you provide when creating an account, including email, or by electronic messenger service within the Site. Delivery of any notice or communication from us is deemed effective at the time it is sent to you in one of the ways identified in this paragraph, regardless of whether or when it is actually delivered.

Account Termination

You may terminate your own account at any time by contacting us at this address admin@restoremeclinic.co.nz.

We may at our discretion suspend or terminate any User’s account immediately if:

they no longer meet the requirements for registration; or
they breach these Terms of Service, as set out below under ‘Suspension and Termination’.

Subject to applicable law, we reserve the right to maintain, delete or destroy all communications and information posted or uploaded to the Site.

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3) Telehealth Consultations

Once you have registered and created an account, and been assessed as being eligible to receive services, you may proceed to book a consultation with a clinician through the RestoreMe portal.

Telehealth consultations with our clinicians will only be available to you where:

You have completed the required preassessment form;
RestoreMe and its clinicians don’t (in the first instance) require any further health information from you such as historic medical notes, laboratory test results or a referral from your doctor or specialist prior to the initial consultation;
You have the agreement of your RestoreMe treating clinician that an online appointment is suitable; and
You are unable to attend for whatever reason a face-to-face appointment, or there are otherwise exceptional circumstances that have made seeking an online consultation your preferred choice. Refusal of your GP to prescribe relevant products may meet this criteria.

By requesting a telehealth appointment, you agree and acknowledge that:

The structure of the consultation may be different to that of a face-to-face appointment.
Our purpose is to consult on the possible use of cannabis products for your presenting condition(s) and not to diagnose or prescribe for any other conditions you may have.
A prescription may not be issued if it is felt by the clinician that it is not in your best interests or is not clinically indicated.
All prescriptions are issued via a secure online service to our contracted pharmacy.
Any requests for letters, such as work, or travel notes will be issued electronically unless you specifically request a physical copy.

You also agree that:

The clinician may require you to provide further information at any time during the consultation. If you do not provide necessary information this may mean that the consultation cannot proceed.
If it becomes apparent during the consultation that a face-to-face appointment may be more appropriate, the clinician will recommend alternative action, which may include a visit to your registered GP.
All clinicians conducting consultations are governed by responsible authorities under the Health Practitioners Competence Assurance Act 2003 and by the Code of Health and Disability Services Consumers’ Rights (Code of Rights) and as such are subject to the requirements of that Act and the Code of Rights.
We cannot guarantee that consultations will be without interruption or error caused by technical difficulties or poor internet connection. Should this occur, we will do all we can to reconnect with you in order to complete the consultation.
Recordings and screenshots of consultations, be it in part or full, are not permitted. If you want to do this, you must have written approval from the consulting clinician.
You are entitled to have a support person present during the consultation; you must make the consulting clinician aware of this.

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4) Complaints

If you have concerns about our clinical services during a telehealth consultation , or feel that your rights under the Code of Rights have not been met, please feel free to raise your concerns with us using the following link Complaint form.

Our clinicians will only provide prescriptions for medicinal cannabis where there is a clear clinical reason. The decision to prescribe medicinal cannabis is made by your clinician in conjunction with you. It cannot be altered by other staff or support persons. If you disagree with the clinician’s decision, you are welcome to write to us and request a second opinion.

If you are unhappy with our service for any reason you can write to us and we will do our best to resolve any issues. Please refer to our complaints policy for more details of this process. Where possible a remedial plan will be suggested to address any outstanding concerns.

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5) Consent

We cannot provide health services to you without your consent. This includes consultations and prescribing of unapproved medicines.

By completing the initial online registration you are consenting to us collecting this information about you and to attending the initial telehealth consultation with one of our clinicians. We will use the information provided, and the consultation with you to help your clinician make a decision as to what treatment or medication should be prescribed for you, if any.

At the initial consultation your clinician will explain how our services work, information about any product that may be prescribed for you including the costs, risks and benefits and potential side effects. You must have considered this information and asked any questions you may have and then agree to proceed (consent) before we are able to prescribe any product for you. Your consent is recorded by way of electronic form which will be provided to you during or after the consultation. If you are unsure of what this means, or have any questions, we encourage you to discuss this with the consulting clinician. You can also request further information from us at any time.

You should also be aware that, where unapproved medicines are prescribed:

There are limitations on what unapproved medicines pharmacies are allowed to stock. Many unapproved medicines can only be ordered once a prescription is presented, which may result in a delay before a product prescribed to you can be made available;
Certain details relating to the supply of an unapproved medicine are required to be supplied to the Director-General of Health.

For more information on how we collect, protect, use and may disclose your information, please refer to our (privacy policy).

Registered persons from time to time may receive email communication from us regarding our services and products, should you wish to opt out of such communication please let us know in writing at the following address: admin@restoremeclinic.co.nz.

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6) Available products and costs

The services provided by RestoreMe via the Site are limited to arranging and facilitating health consultations, for persons assessed as eligible, with its clinicians. RestoreMe does not directly sell medicinal cannabis products and does not determine the prices or availability of the products its clinicians may prescribe.

Legislation prohibits the advertising of unapproved medicines. We provide a list of suitable medicines available and pricing of these products to patients who are under our care and are in the process of obtaining a prescription from our clinicians, to allow the patient to make an informed choice and decision. As cannabis products are not subsidised, and the full cost is incurred by the patient, it is important that the price and availability of products is clearly available to our patients.

The product list includes all available and suitable products as deemed by the prescribing clinician. Some products are available immediately, others will need to be ordered and may result in a delay (depending on availability).

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7) Payments

Payment made via this Site are processed through Windcave, a third party payment platform which is integrated with our Pharmacy partner. Product will not be dispensed until payment in full has been received. Prices are in New Zealand dollars and include GST (unless otherwise stated).

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8) Conflict of interest

RestoreMe Clinic is wholly owned by the Eqalis Group. However clinical governance is independent.

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9) Access to prescription records and communicating with your usual doctor

It is very important for your safety that your consulting clinician is aware of other medications you have been prescribed and is able, where appropriate, to talk to and exchange information with your regular GP.

You accept that as part of our assessment process we will check the New Zealand ePrescription Service (NZePS) which is a secure electronic system that prescribers use to exchange information with dispensers (pharmacies). This can show us what medications have recently been prescribed for you. You must advise us in writing if you do not wish for this to happen.

You accept that unless otherwise stated in writing, we may request a copy of your relevant records from your GP and provide a summary of your consultation including outcome to you and your GP electronically after the consultation.

If you are not registered with a GP, we will not prescribe THC based products.

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10) Obligations for prescribed products and repeat prescriptions

If you are prescribed any products you have obligations which include:

Following instructions from clinic staff;
Following instructions on the product label that has been supplied to you;
Informing the clinic of any adverse effects and cease taking the product immediately;
Storing the product in a safe manner and out of reach from children and other persons, in accordance with the instructions on the product; and
Only using the product for its intended use and for whom it was prescribed for.

We have a defined process for managing repeat prescriptions. For more information on this please refer to our repeat prescription policy or contact us directly.

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11) Access and Conduct

All intellectual property rights in the Site, and its entire contents, features and functionality (including all information, software, text, displays, images, video and audio, and the design, selection and arrangement of those materials) (Content) are at all times owned by RestoreMe (or its licensors) and are protected by New Zealand and international law, including copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws (as the case may be).

RestoreMe grants Users a limited, non-exclusive, non-transferable and revocable licence to access and use the Site, solely for personal non-commercial use, in accordance with the instructions on the Site and as permitted under these Terms of Service.

Users must not share, reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store or transmit any of the Content except as permitted through the Site and according to these Terms of Service.

Your use of our Site and services is subject to all applicable laws and regulations.

Prohibited uses

You may not use our Site:

In any way that breaches any applicable local, national or international law or regulation;
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose of effect;
For the purpose of harming, or attempting to harm, minors or any other person in any way;
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, key-stoke loggers, spyware, adware of any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware; and
In any way that, in our opinion, is inappropriate or may adversely affect our reputation in any way.

You agree:

Not to submit any false, incorrect or misleading information through your usage of the Site
Not to reproduce, duplicate, copy or re-sell any part of our Site or content, including graphics, icons, logos and service names;
Not to access without authority, interfere with, damage or disrupt any part of our Site, including:
any equipment or network on which our site is stored;
any software used in the provision of our site; and / or
any equipment, network or software owned by any third party

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by Users of the Website. However, we and our agents will at our absolute discretion remove any content that in our judgement does not comply with these Terms of Service or is otherwise harmful, objectionable or inaccurate.

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Suspension and Termination

We will determine, in our absolute discretion, whether there has been a breach of these Terms of Service through your use of our Site. When a breach has occurred, we may act as we deem appropriate.

This may include (without limitation):

Immediate, temporary or permanent withdrawal of your right to use our site;
Immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
Issuing a written warning to you;
Legal proceedings against you including seeking the reimbursement of all costs (reasonable administrative and legal costs) resulting from the beach;
Further legal action against you;
Disclosure of information to law enforcement authorities where reasonably necessary; and
Any other lawful action we reasonably deem appropriate.

We also reserve the right, in our absolute discretion, to deny, suspend and/or terminate any User’s use or access to the Site, and remove any uploaded material or information, where we consider that a User poses a risk to the security or operation of the Site or any network or system underlying or connected to the Site.

We exclude all liability for any actions taken in response to breaches of these Terms of Service.

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12) Disclaimers and Legal

You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You understand and agree that the services available on this Site are provided “as is” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

Content

The information on our Site is for educational purposes only, and is not an inducement to use medicinal cannabis. It is also not a substitute for medical advice from a health care professional and is not intended to diagnose, treat, cure or prevent any disease. Medicinal cannabis does not work for everyone and it may not work for you. Always consult your doctor or other qualified health care professional with any questions you may have regarding a medical condition.

Limitation of Liability

While we take great care to ensure that content provided on the Site is accurate and up to date, all Content and services available through the Site are provided “as-is” and without warranties of any kind, whether express or implied, including all implied warranties of fitness for a particular purpose, non-infringement, completeness and accuracy. To the maximum extent permitted by law, RestoreMe disclaims all liability to Users and any third party in relation to the use of the Sites and its Content.

Third Party Website/ Interactive Services

We may from time to time provide interactive services on our site (link you to other sites on the internet) or otherwise include references to information, documents, software, materials and/or services provided by other parties. We will do our best to assess any possible risks for users when we use these interactive sites. However, we do not provide any warranties or endorsements in respect of the content of third party links and are not responsible for the content of third party websites.

Restoreme expressly excludes its liability for any loss, damage or cost whatsoever arising from the use of any interactive service or third party link by a User.

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13) International use and Governing Law

These Terms of Service and any dispute or claim arising out of, or related to them, are governed by the laws of New Zealand. Users agree to be bound by New Zealand law and submit to the exclusive jurisdiction of the courts of New Zealand in relation to any legal action or proceeding arising out of, or related to, these Terms of Service.

RestoreMe makes no representation that the content available on the Site is appropriate or available for use in locations outside New Zealand. Those who choose to access this website from any location outside of New Zealand, do so on their own initiative and are responsible for compliance with local laws. Any offer for services provided and/or information made in connection with this website is void where prohibited.

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14) Refund and Cancellation Policy

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1. When you book a consultation, you will incur a consultation fee.

2. The consultation fees are set by us and reviewed periodically. As a result of such review, the consultation fees may change.

3. Upon successfully booking a consultation, you will be sent a notification confirming the time and date of the consultation.

4. You will be sent a reminder at least 24 hours prior to the time and date your consultation is set to occur.

5. If you wish to cancel your scheduled appointment you must notify us via email on bookings@restoremeclinic.co.nz at least 72 hours prior to the time upon which your consultation is to occur.

6. You are entitled to a full refund if you cancel your appointment 72 hours prior to the time your consultation is to occur.

7. Cancellations made within 24 and 72 hours of the consultation being set to occur will incur a full consultation fee.

8. Where you fail to attend a consultation and have not provided adequate notice that you will not be attending, you will be charged the full consultation fee.

9. Where the consulting GP is unable to attend the consultation, we will contact you to see if you are happy to see an alternativeGP at a mutually agreed date and time, or we will offer to rebook your appointment with the same GP at a mutually agreed alternative date and time. If you wish to cancel your consultation due to the consulting GP’s unavailability, you will be entitled to a full refund.

10. In some circumstances, where you have been unable to attend a consultation due to circumstances that are unforeseen or beyond your control, we may elect to refund you the consultation fee, or part of the consultation fee. Whether are fund is payable to you under these circumstances, will be determined by us in our discretion (acting reasonably) on a case-by-case basis.

11. Any refund payable to you will be paid into the same bank account from which you originally paid the consultation fee.

12. Refunds will only be made in accordance with this policy.

13. If you believe that you are entitled to a refund, please contact us at admin@restoremeclinic.co.nz

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15) Changes to these Terms of Service

We may revise these Terms of Service at any time by amending this page. Users are responsible for checking this page from time to time to take notice of any changes made, and any continued use of the Site will be deemed acceptance by the User of any amendments to the current version of the Terms and Conditions.

Some of the provisions contained in this policy may also be superseded by provisions or notices published elsewhere on the Site from time to time.

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16) Miscellaneous

Assignment: Users may not assign, transfer or subcontract any rights or obligations under these Terms of Service without our prior written agreement. We may assign, transfer or subcontract any of our rights or obligations to another entity without notice or agreement from users and/or subscribers.

Waiver: No waiver by RestoreMe of any term or condition set out in these Terms of Service will be deemed a further or continuing waiver of that or any other term or condition, and any failure by RestoreMe to assert a right or provision of these Terms of Service will not constitute a waiver of that right or provision.

Illegality: If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be struck out or read down to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

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Terms of Service and Acceptable Use Policy