Last updated: 8.2.2023
1. INFORMATION ABOUT US
1.1 These terms and conditions of use (the “Terms”) govern your use of our online platform, www.releaf.co.uk (the “Site”), which is owned, operated and controlled by Releaf Dispensary Limited, as well as the Service that is made available to service users via the Site.
1.2 We are Releaf Dispensary Limited, a company registered in England and Wales with company number 14097825 and our registered office at Unit 3 Castlebridge Office Village, Castle Marina Road, Nottingham, NG7 1TN (“we” or “us”). We are responsible for operating the Site and for facilitating your access to the Service via the Site.
2. DEFINITIONS AND INTERPRETATION
2.1 “CBPM Access Service” means the online introduction service that we will shortly be launching on the Site, through which we will facilitate service users’ access to specialist online medical prescribers, who are registered with the General Medical Council, who will undertake online video consultations with those service users, who wish to legally access cannabis-based products for medicinal use (“CBPMs”). Those prescribers will, in their sole clinical discretion, decide whether to issue a private prescription for a CBPM, which will then be sent to a pharmacy, which is registered with the General Pharmaceutical Council, for dispensing and dispatch to the service user. Please note that the CBPM Access Service is not currently live and that the Service is a precursor to such CBPM Access Service.
2.2 “Personal CBPM Information” means the personal and medical information that you upload to the Site, including but not limited to your name, postal address, email address, telephone number, medical history, and details of your current prescription for, and supplier of, CBPMs.
2.3 “Releaf Card” means the electronic record of your Personal CBPM Information, which is stored on a physical card, that we create on your behalf further to receipt of your Personal CBPM Information and which we send to you in anticipation of the launch of and your use of the CBPM Access Service.
2.4 “Service” means the provision by us at no cost to you of a Releaf Card, which you will subsequently be able to use when accessing the CBPM Access Service.
2.5 The words “include”, “includes”, and “including” are deemed to be followed by the words “without limitation”; the word “or” is not exclusive; and the words “herein”, “hereof”, “hereby”, and “hereunder” refer to these Terms as a whole.
3. ACCESSING THE SITE
3.1 Please read these Terms carefully and make sure that you understand them. If you wish to access the Service via the Site, you will be asked to agree to these Terms. If you do not accept these Terms, you will not be allowed to access the Service via the Site.
3.3 No users under 18 years old: In order to access the Site, you represent and warrant that you are at least 18 years old and that you have the capacity to enter into a binding agreement which creates legal obligations in accordance with the laws of your home nation. If you are under the age of 18, please do not attempt to register with the Site or provide any Personal CBPM Information to us.
3.4 Notwithstanding clause 3.3, if we become aware that we have collected any Personal CBPM Information from someone who is under the age of 18, we will promptly delete that information.
3.5 If you believe that we have collected Personal CBPM Information from someone who is under the age of 18, please Contact Us.
4. LIMITATIONS OF THE SERVICE
4.1 Please note that we do not provide medical advice or care when we provide the Service.
4.2 The content on the Site and the Service, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute clinical advice, diagnosis, treatment or recommendations of any kind by us.
5. AVAILABILITY OF THE SITE AND THE SERVICE – GEOGRAPHIC LIMITATIONS
5.1 The Site and the Service are only available for service users who are domiciled in the UK.
5.2 Accessing the Site or the Service from countries where the Site content is illegal, or where we do not offer the Service, is prohibited.
7. ELIGIBILITY, SITE ACCESS, SECURITY AND RESTRICTIONS
7.1 You agree to fully, accurately, and truthfully provide the Personal CBPM Information. Once issued, the Releaf Card is personal to you, and you are solely responsible for maintaining the confidentiality and security of your Releaf Card. You agree to prohibit anyone else from using your Releaf Card and agree to immediately notify us of any actual or suspected unauthorised use or loss of your Releaf Card.
7.2 You are prohibited from violating or attempting to violate the security of the Site, including, without limitation:
7.2.1 accessing data which is not intended for you or logging on to a server or an account which you are not authorised to access;
7.2.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; or
7.2.3 accessing or using the Site or any portion thereof without authorisation, in violation of these Terms or applicable law.
7.3 You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site or other measures that we may use to prevent or restrict access to the Site.
7.4 Violations of system or network security may result in civil or criminal liability. We may investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity which is conducted on the Site.
7.5 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
7.6 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, and to revoke your access to the Site and deactivate your Releaf Card if in our reasonable opinion you have failed to comply with any of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly Contact Us.
8. ELECTRONIC COMMUNICATIONS
8.1 When you use the Site or the Service, or send emails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically.
8.2 You consent to receive communications from us electronically.
8.3 You agree that:
8.3.1 all agreements and consents can be signed electronically; and
8.3.2 all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
8.4 We may contact you by telephone, mail or email to verify any of your Personal CBPM Information. We may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Releaf Card. If you do not provide this information in the manner requested within 14 (fourteen) days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Service until you provide the requested information to us.
9. CONSENT TO RECEIVE CALLS AND TEXT MESSAGES
By providing your mobile number, you are agreeing to be contacted by us at the mobile number you have provided, including calls and text messages, to receive certain information and communications relating to the Service, the CBPM Access Service or the Site. We may confirm your opt-out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify those services that you wish to stop. Please note that, by withdrawing your consent, some Site features and certain services may no longer be available to you. Keep in mind that if you stop receiving text messages from us, you may not receive important and helpful information and reminders about certain services.
10. OWNERSHIP OF THE SITE AND RELATED MATERIALS, ADDITIONAL RESTRICTIONS
10.1 All pages within the Site and any material that is made available for download are our property or that of our licensors or suppliers, as applicable. The Site is protected by applicable national and international copyright and trade mark laws.
10.2 Subject to these Terms, we grant you a revocable, non-transferable (except as provided below), personal, non-exclusive licence to use the object code version of the Site.
10.3 All rights that are not expressly granted to you in these Terms are reserved and retained by us or our licensors, suppliers, publishers, rights holders, or other content providers.
10.4 Neither the Site and Service, nor any part of the Site and Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilise framing techniques to enclose any trade mark, logo, or other proprietary information (including images, text, page layout, or form) of ours without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trade marks without our express written consent.
10.5 You may not misuse the Site or the Service. You may use the Site and Service only as permitted by law. The content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials that are accessed through or made available for use or download through the Site may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorised or approved in writing by us. You may not frame or utilise framing techniques to enclose, or deep linking to, any name, trade marks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of ours without our express written consent.
11. ACCURACY OF INFORMATION & FUNCTIONALITY
11.1 Although we attempt to ensure the integrity and accurateness of the Site and Service descriptions, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site, Service descriptions and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorised additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected.
11.2 Information contained on the Site may be changed or updated without notice.
11.3 Additionally, we shall have no responsibility or liability for information or content that is posted to the Site from any third party that is not affiliated to us.
11.4 We reserve complete and sole discretion with respect to the operation of the Site and the Service. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Service among other things.
11.5 We are not responsible for transmission errors, corruption or compromise of information carried over local or interchange telecommunications carriers.
11.6 We are not responsible for maintaining information arising from use of the Site or with respect to the Service. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Service in accordance with our internal record retention or destruction policies.
12. LINKS TO OTHER SITES
12.1 Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed these third party websites and do not control and are not responsible for these websites, their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites that are linked to the Site, you do so entirely at your own risk.
12.2 You may link to the home page of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
12.3 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
12.4 You must not establish a link to the Site in any website that is not owned by you.
12.5 The Site must not be framed on any other website, nor may you create a link to any part of the Site other than the home page.
12.6 We reserve the right to withdraw linking permission without notice.
13.1 If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or the Site as part of your Personal CBPM Information, you agree not to provide any Personal CBPM Information that:
13.1.1 is false, misleading, inaccurate, defamatory, abusive, libellous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, harmful, or that could encourage criminal or unethical behaviour;
13.1.2 violates or infringes the privacy, copyright, trade mark, trade dress, trade secrets, or intellectual property rights of any person or entity; or
13.1.3 contains or transmits a virus or any other harmful component.
13.2 You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings, or any other method of communication.
13.3 You represent and warrant to us that you have the legal right and authorisation to provide all Personal CBPM Information to us for use, as set forth herein and required by us.
13.4 You agree not to:
13.4.1 access the Site or use the Service in any unlawful way or for any unlawful purpose;
13.4.2 post or transmit: (i) a message under a false name; or (ii) any data, materials, content, or information (including, without limitation, advice, and recommendations) which is: (i) libellous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person; or (ii) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Service, personal information, software, equipment, servers, or information or facilitate or promote hacking or similar conduct;
13.4.3 impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity;
13.4.4 tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Service;
13.4.5 use robots or scripts with the Site;
13.4.6 attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by the Site;
13.4.7 have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting;
13.4.8 incorrectly identify the sender of any message transmitted to us;
13.4.9 alter the attribution or origin of electronic mail, messages, or posting;
13.4.10 harvest or collect personal health information about any other individual who uses the Site or the Service; or
13.4.11 infringe or facilitate infringement on any copyright, patent, trade mark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties.
13.5 Warning: If you provide false, inaccurate or misleading information as part of your Personal CBPM Information or at any time when using the Site or the Service, then it is possible that a prescription may be subsequently be issued via the CBPM Access Service which is based on such information, and which could have severe and potentially life-threatening consequences. By using the Site and consenting to these Terms, you agree not to provide false, inaccurate or misleading information at any time. To do so would be a breach of these Terms.
13.6 You agree to defend, indemnify, and hold harmless us from and against all third party claims, damages, and expenses (including, but not limited to, reasonable attorneys’ fees) against or incurred by us arising out of any Personal CBPM Information that you upload to or transmit through the Site or any breach of this clause 13.
14. CLAIMS OF COPYRIGHT INFRINGEMENT
14.1 We respect the intellectual property rights of others and expect service users of the Site to do the same.
14.2 We disclaim any responsibility or liability for copyrighted materials which is posted on the Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
14.3 We will respond promptly to notices of alleged copyright infringement that are reported to us.
14.4 Notices of Alleged Copyright Infringement for Content Made Available on the Site
14.4.1 If you are a copyright owner, authorised to act on behalf of one, or authorised to act under any exclusive right under copyright, please report any alleged copyright infringements taking place on or through the Site by sending us a notice (a “Copyright Notice”), which complies with the following requirements:
22.214.171.124 identify the copyrighted works that you claim have been infringed;
126.96.36.199 identify the material or link that you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the site where such material may be found;
188.8.131.52 provide your mailing address, telephone number, and, if available, email address;
184.108.40.206 include both of the following statements in the body of the Copyright Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorised by the copyright owner, its agent, or the law.”
“I hereby state that the information in this Copyright Notice is accurate and, under the relevant legal penalties, that I am the owner, or authorised to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed”;
220.127.116.11 provide your full legal name and your electronic or physical signature; and
18.104.22.168 deliver this Copyright Notice, with all items completed, to us at: Contact Us.
15. INTELLECTUAL PROPERTY
15.1 With the exception of your electronic medical record, we retain all right, title, and interest in and to the Site, the Service and any information, documentation, software, or other materials on the Site, and any patent, copyright, trade secret, trade mark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site, which is licensed to us (in that case, the licence provider retains all right, title, and interest therein).
15.2 The information that is available through the Site and the Service is our property. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone.
15.3 Use, reproduction, copying, or redistribution of our trade marks, service marks, and/or logos are strictly prohibited without our prior written permission. The immediately foregoing sentence also applies to any third party trade marks, service marks, and logos that are posted on the Site.
15.4 Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver, or otherwise, any licence or right to use any trade mark, service mark, or logo that is displayed on the Site without the written grant thereof by us, or the third party owner of such trade mark, service mark, or logo. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.
15.5 We may delete any information that you provide to us, which we consider in our sole discretion to be fraudulent, abusive, defamatory, obscene or in violation of any copyright, trade mark or other intellectual property or ownership right of any other person or entity.
16. DISCLAIMER OF WARRANTIES
16.1 We do not warrant that access to or use of the Site will be uninterrupted or error-free or that defects in the Site will be corrected.
16.2 The Site, including any content or information contained within it or any site-related service, is provided “as is”, with no representation or warranty of any kind, either express or implied.
16.3 You assume total responsibility and risk for your use of the Site, site-related services, and linked websites. You are responsible for implementing procedures that are sufficient to satisfy your needs for data backup and security.
17. LIMITATION OF LIABILITY REGARDING USE OF SITE
IMPORTANT - YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE AND THE LIMITS OF OUR LIABILITY WITHIN IT.
17.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
17.2 We will not be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:
17.2.1 loss or damage caused by you providing inaccurate or incomplete information;
17.2.2 loss of your emotional well-being including, but not limited to, any embarrassment caused;
17.2.3 loss of income or anticipated profits;
17.2.4 loss of opportunity;
17.2.5 loss of goodwill or injury to reputation;
17.2.6 losses suffered by third parties; or
17.2.7 any indirect, consequential, special or exemplary damages arising from the use of the Site or the Service regardless of the form of action.
17.3 We will not be liable for any loss or damage (in contract, negligence or otherwise) where:
17.3.1 there is no breach of a legal duty of care owed to you by us;
17.3.2 the loss or damage is not a reasonably foreseeable result of any such breach; or
17.3.3 any loss or damage or increased risk of loss or damage results from a breach by you of these Terms.
17.4 Subject to clause 17.1, our total liability to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the provision of the Service shall be limited to £50.
17.5 We will take all appropriate technical and organisational measures against unauthorised or unlawful processing of your personal data and against accidental loss or destruction of, or damage to, personal data but subject to that and our obligations under law as a data controller, we shall not be responsible for any data loss or unauthorised access by other persons, whether a result of unauthorised access, misaddress, technical failure, technical interference, negligence or otherwise.
17.6 We disclaim all warranties, express or implied (to the extent permitted by law) including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. We do not warrant that the Site or any notifications sent by us to you will be free of viruses or other harmful components.
17.7 We do not accept any liability or responsibility for the actions or omissions of any third party.
18. NO THIRD-PARTY RIGHTS
Unless expressly stated in the Terms to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, us and our affiliates. Nothing in the Terms is intended to relieve or discharge the obligation or liability of any third persons to you, us or Providers.
You may not assign, transfer, or delegate the Terms or any part thereof without our prior written consent. We may freely transfer, assign, or delegate all or any part of the Terms, and any rights or duties hereunder. The Terms will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.
20. EVENTS OUTSIDE OF OUR CONTROL
We reserve the right to refuse to provide to you access to all or part of the Site or to terminate your access to all or part of the Site if your behaviour gives us a valid reason to do so. This will in particular be the case if you violate applicable laws or these Terms.
22.1 You agree to defend, indemnify, and hold harmless us and any of our affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with:
22.1.1 your use or misuse of the Site or the Service or any information posted on the Site;
22.1.3 the content or subject matter of any information you provide to us or any customer service agent; or
22.1.4 any negligent or wrongful act or omission by you in your use or misuse of the Site, Service, or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
23. REVISIONS OF THE TERMS
23.1 In our sole discretion, we reserve the right to modify these Terms at any time, effective upon posting on the Site. You should therefore periodically visit this page to review the current Terms, so you are aware of any such revisions to which you are bound. You therefore agree to review the Terms each time you access the Site so that you may be aware of any changes to these Terms. The date of these Terms was last revised is identified at the top of these Terms.
23.2 Any use of the Site after such changes will be deemed your acceptance of the same.
24.1 In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
24.2 These Terms constitute the entire agreement between us regarding the subject matter hereof.
24.3 Copyright / Trade Mark Information. Copyright © Releaf Dispensary Limited. All rights reserved. All trade marks, logos, and service marks (the “Marks”) that are displayed on the Site are our property or the property of other third parties. You are not permitted to use the Marks without our prior written consent or the consent of such third party, which may own the Marks.
27. DISPUTE RESOLUTION
27.1 The courts of England and Wales will have non-exclusive jurisdiction concerning all disputes or claims arising out of or relating in any way to these Terms or your use of the Site, including without limitation the Service, between you and us.
27.2 We will try to work in good faith to resolve any issue you have with the Site, including without limitation the Service accessed via the Site, if you Contact Us.
27.3 However, we realise that there may be rare cases where we may not be able to resolve an issue to your satisfaction. We and you will try to reach an agreement to resolve the claim within 30 (thirty) days after the notice is received.
28. GOVERNING LAW
These Terms shall be interpreted and construed under the laws of England and Wales.
29. COMPLAINTS AND HOW TO CONTACT US
29.1 If you wish to make a complaint about the Site, please contact us.
29.2 If, for any reason, you need to contact us, the easiest way is to contact us directly by:
29.2.1 email at firstname.lastname@example.org (for help and assistance); or
29.2.2 email at email@example.com (for complaints); or
29.2.3 telephone on 020 3657 3346 on Monday to Friday between 0900 and 1700.
29.3 To help us to identify you, please include your account details.
29.4 Where reference is made in these Terms to communication being made in writing, this shall be taken to include communication made by us by way of onscreen message, notification, prompt field or other communication or information provided to you via the Site, or by email using an email address, which you have provided to us for communication with you. The provisions of this clause shall not apply to the requirements of service of any documents in legal proceedings.