The Pain Clinic New Zealand Limited Terms and conditions of use

1. General 

1.1. This website is owned by the The Pain Clinic New Zealand Limited.  

1.2. The services available through the website and during a GP Video Consultation are governed by these terms and conditions. Your continued use of this website, or access to the GP Video Consultation functionality, shall be taken as you consenting to these terms and conditions. 

1.3. If you do not agree with these terms and conditions, you must immediately discontinue using the website or any other functionality contained within it.

1.4. The Pain Clinic reserves the right at all times to modify, alter, amend, remove, or add to these terms as it sees fit. It is up to you to regularly check these terms and conditions to determine whether any modification, amendment, removal or addition has been made. 

2. Online GP Video Consultation

2.1. It will be up to the consulting Doctor as to whether a GP Video Consultation is suitable for you. Typically, a GP Video Consultation can only take place where the consulting Doctor has been granted access to your health records and you are registered with a GP.  

2.2. The consulting Doctor may require you to provide further information at any time during a GP Video Consultation. 

2.3. During a GP Video Consultation, it may become apparent to the consulting Doctor that a video consultation is not suitable. If this occurs, the consulting Doctor will recommend alternative action, which may include that you visit your registered GP. 

2.4. The Doctor conducting a GP Video Consultation is a registered doctor who is subject to the same Code of Ethics as a doctor you would visit during a face-to-face consultation.

2.5. We cannot guarantee that the GP Video Consultation will be conducted without interruption or error. Due to technical difficulties, such as poor internet connection, the consultation may be disrupted or terminated. Should this occur, we will do all that we can to re-establish the video connection. If this is not possible, the consulting Doctor will telephone you in an attempt to complete the consultation. 

2.6. You agree that you will not record the GP Video Consultation, be it in part or full. This includes the taking of screenshots and audio recordings. If you want to record the GP Video Consultation, you must have written approval for this from the consulting Doctor. 

2.7. If you engage in offensive or anti-social behaviour generally during the GP Video Consultation, the consulting Doctor may elect to terminate the consultation with immediate effect. 

2.8. You are entitled to terminate the GP Video Consultation at any time. By terminating the GP Video Consultation, you in no way invalidate your ability to access subsequent healthcare and are still entitled to be treated either with us or at an alternative healthcare provider. 

2.9. You acknowledge that due to the inherent qualities of the GP Video Consultation, that the standard of advice may be less than that which would otherwise be available to you if you presented in person to your GP’s surgery. 

2.10. A separate fee is payable on every occasion that you access the GP Video Consultation. 

2.11. You have the ability to request that you see a particular Doctor. If that Doctor is unavailable, we may assign you an alternative Doctor. 

2.12. GP Video Consultations need to be conducted in a quiet environment with minimal disturbance. If you require the presence of a support person during the GP Video Consultation, you must make the consulting Doctor aware of this. 

2.13. You will need to provide access to us to the camera and microphone on your computer or other device for the purpose of conducting the GP Video Consultation. 

2.14. You cannot impersonate another person when participating in a GP Video Consultation. 

2.15. You must be at least 16 years old to access the GP Video Consultation service. You may be required to display a current passport or driver licence to the Doctor who is taking the consultation. If you do not have a valid form of identification, the Doctor may not be able to proceed with the GP Video Consultation unless your identity is somehow otherwise confirmed. 

3. Prescriptions

3.1. As a result of the Video Consultation, the Doctor may prescribe you medicine, cannabis derived or otherwise. There is no obligation on the consulting Doctor to prescribe you with any medicine if he or she does not think it appropriate, or there is insufficient information to properly form a diagnosis. You may be required to undergo further consultations or tests before any prescription is made out to you, and even this will not guarantee that a prescription will be given.  

3.2. In the event that you are prescribed with medicinal cannabis and/or its derivatives, you acknowledge that it is an unapproved medicine and so its effects may not be completely known or understood.  

3.3. In the event you are prescribed with medicinal cannabis and/or its derivatives, there may be a delay before you are able to actually obtain the medicine. 

3.4. Any prescription for medicine given to you as a result of the GP Video Consultation is for your use only. You are not permitted to allow any other person to access or consume medicines prescribed to you. Medicine prescribed to you is for your personal consumption only. 

3.5. Where you are prescribed any medicine by one of our consulting Doctors, you will read all instructional material that is made available in association with the medicine. This includes any information made available by the consulting Doctor, the pharmacist, or the manufacturer. If you are unsure as to the meaning of any information supplied in this regard, or there is a conflict in the information provided to you, you must immediately consult the consulting Doctor of The Pain Clinic before using the medicine. 

3.6. In the event that you experience any side-effects from taking any medicine prescribed to you as a result of the GP Video Consultation, you must immediately cease taking the prescribed medicine and contact the consulting Doctor or he Pain Clinic. If you think the side-effects are of a serious nature, you must call 111 immediately. 

3.7. The result of your GP Video Consultation will be provided to your registered GP. If you have not permitted us to release this information, it will be your responsibility to inform your registered GP of the outcome of your GP Video Consultation. 

4. Registration and Information

4.1. In order to access our GP Video Consultation you must complete the registration form. 

4.2. All information you supply to us must be accurate and complete. This includes Health Information specifically, but also all other types of personal information we may request from you. 

4.3. When supplying us with information, it is important that you do not omit any information which is relevant to your treatment. It is your responsibility to make available all information, including incidental information, that we may require in treating you.  

4.4. Where further information is requested to be made available to us, you will make such information available in a timely manner. 

4.5. In the event that any information you have supplied us with is incorrect, or requires further information to be supplied to achieve completeness, you will supply us with the relevant information.  

4.6. Any information you supply to us must be your information in that it pertains to you and not someone else. You cannot supply any information to us which does not relate to yourself. 

4.7. We may send an email to you and/or your GP requesting your Health Information and advising your GP that you are seeking to use medicinal cannabis. You need to tell us in writing if you do not want us to contact your registered GP. If you do not allow us to contact your GP, or you do not have one, we may not be able to assist you. 

4.8. Please also refer to our privacy policy for further information.

5. Website 

5.1. We may terminate your access to the website or the GP Video Consultation at any time if we believe you to be in breach of these terms and conditions or for the breach of any other law or regulation, or other contractual provision. 

5.2. We are not responsible for the contents of any third-party website which is linked within our website. Nor is the existence of a link to a third-party website to be considered an endorsement of that third-party’s goods or services. 

5.3. If, as a result of a link contained within our website, you end up contracting with a third-party, we will not be considered a party to that transaction merely because of the existence of the aforementioned link. 

6. Provision of information

6.1. Where information has been provided on the purported health benefits of medicinal cannabis, this is not to be construed as health advice. For health advice you must contact your GP or one of our own Doctors. 

6.2. Information provided on the website regarding the health benefits of medicinal cannabis is for educative purposes only. It is not to be construed as advertising of unapproved medicines. 

7. Overseas Persons, Non-Residents, and Persons on Working Visas

7.1. Unfortunately, if you are not located in New Zealand at the time you wish to access our GP Video Consultation service, we will not be able to provide you with an online medical consultation. 

7.2. If you are not a permanent resident, or are in the country on the basis of a work visa, you are still able to consult with us.  

8. Refunds and Cancellation

8.1. Please consult our refund and cancellation policy.

9. Disclaimer

9.1. We cannot guarantee that our website will perform without error, delay, or other disruption generally. You acknowledge that occasional disruptions to the services and products we supply may occur and that you are not entitled to recover any losses or damages from us as a result. 

9.2. We cannot guarantee that as result of using our website or video conferencing software that your computer or other device will not be subjected to malware or cyberattack. We have measures in place to prevent such occurrences, but in the event that these occur, we will not be liable for any loss or damage caused to you as a result. 

9.3. Whilst we do our best to ensure that all information contained on our website is up to date and accurate, including information on the health benefits of medicinal cannabis, we cannot always ensure this. We do not take any responsibility for the accuracy of any information published on our website. Any reliance you place on the information we provide on our website is solely at your risk. 

10. Liability and Indemnity 

10.1. We will not be liable to you for any loss you may incur as a result of using our website, GP Video Consultation, or any other good or service we provide. Loss in this context includes any form of indirect, consequential, or special loss. 

10.2. In using our website, GP Video Consultation, or any other good or service provided by us, you agree that you will indemnify us from all claims, losses, actions, proceedings, liabilities and payments arising from the use of our website, GP Video Consultation, or any other good or service provided by us, as against all legal costs (as between solicitor and client), charges, interest and other expenses. 

11. Intellectual Property

11.1. All information contained within this website is owned by the The Pain Clinic New Zealand Limited. You are not permitted to replicate, transmit, or otherwise deal with the contents of our website unless you have our express written permission. Any unauthorised use will amount to a breach of the The Pain Clinic New Zealand Limited’s intellectual property rights and may result in enforcement action being taken against you. 

12. ACC

12.1. Where information is required to be released to the Accident Compensation Corporation, we will not release any of your information until such time as you have completed the relevant consent entitling us to release that information. 

13. Miscellaneous 

13.1. Where we suspect that you may be fraudulently using someone else’s payment details, we may inform the relevant person, the police, or the relevant person’s bank. 

13.2. Prices are in New Zealand dollars and include G.S.T (unless specifically stated as being plus G.S.T).

13.3. Online payment is to be made through Stripe.

13.4. These terms and conditions shall be governed and construed in accordance with the laws of New Zealand. You submit to the exclusive jurisdiction of the courts of New Zealand. 

13.5. Where any part of these terms and conditions is held to be void, voidable, illegal, invalid, or unenforceable in any jurisdiction, that part shall be read down, or if it cannot be read down, is to be severed to the extent of the illegality, invalidity, or unenforceability so as to be valid and enforceable. 

13.6. Should you have any complaint, query, or suggestion, we invite you to contact us at info@thepainclinc.co.nz where one of our friendly representatives will be in touch. 

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