Native Healthcare

Terms & Conditions

Native Healthcare Pty Ltd owns and operates the website accessible at www.native.com.au (the website).

By accessing and using the website, you agree to these terms and conditions.

The website does not encourage the use of nicotine or medical cannabis, which may or may not suit for you. The website does not give medical advice. The website purely provides information and education. Medical advice should be obtained from your doctor.

Nicotine

You agree that there are currently no Therapeutic Goods Administration (“TGA”) approved nicotine vaping products in Australia. You acknowledge that any prescribed nicotine product obtained through the website has not been assessed by the TGA for safety, quality and efficacy. By using the website’s services, you agree to use an established access pathway that is recommended by one of the website’s affiliate doctors and pharmacies to obtain your nicotine product. Furthermore, you agree that despite the standard for unapproved nicotine vaping products, known as the Therapeutic Goods (Standard for Nicotine Vaping Products (TGO 110) Order 2021 (TGO 110) that includes minimum safety and quality requirements for unapproved nicotine vaping products, no nicotine product referred to on the website or referred by its affiliate doctors or pharmacies are TGA approved. You also accept that the long-term health risks of unapproved nicotine vaping products, even those that comply with TGO 110, are still unclear and the evidence of their potential efficacy for smoking cessation is currently mixed.

Medical Cannabis

You agree that by obtaining medical cannabis through the website or by its affiliate doctors and pharmacies, prescriptions are given considering the relevant circumstances of each patient. You also accept that medicinal cannabis is not considered as a first line treatment and is predominantly prescribed for pain management. You further accept that use of medical cannabis may expose you to life-long use of the medical cannabis product and that the literature on chronic non-cancer pain is limited and there is no robust data for the consequences of lifelong medicinal cannabis use. You accept that, by taking medical cannabis, you may suffer side effects. You accept that although medicinal cannabis products are generally regarded as having low acute toxicity, concurrent use of other drugs may mask the effects of cannabis and severe toxicity including adverse cardiovascular effects.

Disclaimer

The website is providing you with information and education and a process towards obtaining nicotine products or medical cannabis from doctors or pharmacies. You are using the website, any products or services mentioned on the website or accepting any medical advice from doctors or pharmacists through the website at your own risk. To the fullest extent allowable under applicable law, the website, Native Healthcare Pty Ltd and Pixel Capital Pty Ltd exclude all warranties and other terms, whether express or implied, including any warranties or other terms relating to:
(a) the content on the website or products or services mentioned on or available through the website being of satisfactory quality, reliable, accurate, fit for a particular purpose or need, non-infringing or free of defects or errors;
(b) the content of the website, the products or services mentioned on or available through the website or its affiliate doctors and pharmacists being of assistance to you.

Certain legislation, including the Australian Consumer Law, may imply warranties or conditions or impose obligations upon the website, Native Healthcare Pty Ltd or Pixel Capital Pty Ltd, which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These terms must be read subject to these statutory provisions.

Indemnification

You agree to indemnify, defend and hold harmless the website, Native Healthcare Pty Ltd, Pixel Capital Pty Ltd, its affiliated doctors and pharmacies, their employees, contractors, officers, and directors from any and all claims, suits, damages, costs, Court proceedings, fines, penalties, liabilities, expenses (including lawyer’s fees), pain, suffering, ailment or medical condition that may arise from your use the website, the products or services mentioned on or available through the website or its affiliate doctors and pharmacists, your violation of these terms or violation of any rights of a third party.

No Liability

To the fullest extent allowable under applicable law, in no event shall the website, Native Healthcare Pty Ltd or Pixel Capital Pty Ltd or its affiliated doctors and pharmacies (a) be liable to you with respect to use of the website or any products or services mentioned on the website; (b) be liable to you for any direct, indirect, special or incidental side effects that you may experience due to use of the website or the products or services mentioned on the website; and (c) be liable to you for any medical advice given with respect to use of the website or the products or services mentioned on the website.

Marks, Application and Content

The website, any logo on the website and other trade marks, service marks, graphics and logos used in connection with the website or the goods and services mentioned on the website are trade marks of Native Healthcare Pty Ltd or Pixel Capital Pty Ltd or their respective owners. You must not copy, imitate or use, in whole or in part, any of the intellectual property used on the website without the prior written permission of Native Healthcare Pty Ltd or Pixel Capital Pty Ltd.

Privacy

Native Healthcare Pty Ltd and pixel Capital Pty Ltd comply with the Privacy Act 1998 (Cth) in any collection or use of information through your use of the website.

Governing Law and Jurisdiction

These terms are governed by the laws of New South Wales, Australia. You irrevocably consent to the exclusive jurisdiction of the laws of New South Wales, Australia in any way relating to your use of the website and these terms.

Changes

Native Healthcare Pty Ltd or Pixel Capital Pty Ltd reserves the right to change or modify these terms at any time and at its sole discretion by posting revisions on the website. Continued use of the website following the posting of any changes or modifications will constitute acceptance of such changes or modifications.

Severability

If any provision of these terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

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