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Terms of Service 

 

Important information and who we are

These are the terms of supply for services provided through our website (Site) and through any mobile application we provide (App). The Website is operated by or on behalf of Montu Group UK Ltd (we, us and our). We are a limited company, registered in England (registered company number 14043081) and our registered office is at 128 CITY ROAD, LONDON, EC1V 2NX

 

We have created the website to help patients keep track of information about their treatment and recovery, including for use in clinical studies and research projects and to share the data with the healthcare partners that are involved in their treatment and/or developing new and existing technologies to improve healthcare. Our partners may include, for example, health professionals, research and pharmaceutical companies and medical device manufacturers.

We license use of the Website (Services) to you on the basis of these terms and by using any Service you agree to be bound by them. Use of your personal information submitted to or via the website is governed by our Privacy Policy, which explains how we use your personal data and you agree only to use the website in accordance with those terms. Your use of the website may also be subject to the terms or policies applied by any third-party provider or operator from whose website. We remain the owner of the website at all times. We may revise these terms from time to time and will notify you if we are making any significant changes. 

Registering with us

You should only use or register for this website if:

 

  • you agree to download and use the website in accordance with these terms;

  • you agree to provide your email address or telephone number to us, and that we may contact you to extent necessary to provide you with the Services; and

  • you acknowledge that the website is intended for use only by persons who are at least 18 years of age. By using the website, you confirm to us that you meet this requirement and that, if you are under the age of 18, you have received permission from your parent or guardian before using the website.

 

Registration is possible in 2 ways:

  1. Via email - After providing your email address you will receive an email with a link to download the website. 

  2. Via mobile phone number - If you provide your phone number, you will receive an SMS notification with a link to download the website.

Upon downloading the webpage, you must set up your account with us by completing the account registration form on the website. You will need to provide your name and email address. You only need to register once. You must provide us with accurate, complete and up-to-date information. You are responsible for the information you provide to us.

Password

Upon registration for an account with us, you will be asked to create a password. You must keep your password confidential at all times and use it only to access and use your account and not for any other purpose. You are the only authorised user of your account and accordingly, you must not disclose your password to anyone else. You should contact us immediately upon discovering any unauthorised use of your account or error in the operation of your password (see the ‘Contacting us’ section below for further details). Any breach of these terms and/or any use of your account by anyone to whom you disclose your password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us.

The website does not provide medical advice

The website is provided for general information purposes only and do not provide medical advice. Any information on the website is designed as educational material and should not be taken as a recommendation for treatment of any particular person. Use of the website does not create a doctor- patient relationship between us and you.

Although we try to personalise your experience by referring to possible individual circumstances, the website should never be relied upon as a substitute for professional medical advice, diagnosis or treatment from a qualified health care professional familiar with your medical history, and should not be relied on to make decisions about your health. The website only handles general Patient-related data, which cannot be used to diagnose or prescribe treatment in your particular case. Only your doctor or other healthcare professional can do that.

The content of the website and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Montu Group UK. You should always seek advice of your health care professional

 

Never ignore or delay professional medical advice in seeking treatment because of something you have learned or seen using the website. As you continue to recover, you should continue being in touch with your doctor or other healthcare professional as instructed by them and should always consult them before taking or refraining from any action on the basis of the information you obtain from the website.

To the best of our knowledge, the authors of any materials on the website have formulated the information available with a reasonable standard of accuracy but such information has not been developed to meet your specific individual requirements. Except as expressly set out in these terms, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the website and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the website or relying on any of its content.

We are not responsible for any actions, decisions or recommendations of your doctor, other healthcare professionals or the administrators of any research projects or clinical studies you are involved in. We are not a registry, and as such, we do not review, and are not required to review, the data received through the website from you, your doctor, other healthcare professionals or the administrators of any research projects or clinical studies you are involved in.

Not for Emergencies

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD CONTACT NHS SERVICE IMMEDIATELY.

Montu Group UK’s Site and Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the website. If you believe you have an emergency, call NHS 111 SERVICE immediately.

You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.

Risks of Telehealth Services

By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.


Our services
Where patients sign up for Montu services and they are offered appointments with expert clinicians (Consultants and Pharmacists). Following their appointments, patients who suffer from conditions which may not be treated effectively with conventional medicinal treatments may be prescribed cannabis-based medicinal products (CBMPs) where it is believed that they could reasonably derive clinical benefit through their use of the prescribed products.

Our services comprise the organisation of appointments remotely only which may or may not lead to a prescription of a CBMP. Our clinical services are provided using qualified GMC registered medical professionals based in the UK. We only offer services to patients from the UK. Our website is solely for the promotion of our services in the UK.

 

Our clinicians will make an assessment to evaluate if medical cannabis treatment may alleviate your symptoms. Our clinicians will consider your medical history, national guidelines and your needs. You understand and accept that there is no guarantee that any of our clinicians will issue you with a prescription for medical cannabis. Issuing prescriptions is at the sole discretion of our clinicians. The clinical multi-disciplinary team may provide medical cannabis treatment(s) for a range of symptoms before a final prescribing decision can be made.

 

Montu requires full and accurate information about your medical history, and you agree to

  1. Provide this to Montu in advance of your initial assessment, this includes the intake information which is submitted through our patient portal including a completed patient declaration & photographic ID. This ID must be available to check for a true likeness at each appointment.

  2. Once registered with Montu, please provide up to date information concerning any changes to your health or medication prescribed elsewhere.  

  3. As part of the assessment process, you agree to complete detailed questionnaires about your current symptoms and how these symptoms impact on your daily life. 

  4. As part of evaluating your treatment with cannabis-based medicines, the questionnaire(s) 

  5. Continued prescribing will be dependent on your engagement with the Montu clinician and follow up appointments. In managing a safe clinical service a prescription cannot be changed without an assessment.

  6. To secure an appointment you will be required to provide ID and to verify your ID. 

  7. We will need your consent to contact your GP/ health care provider to notify them of the consultation and any medication prescribed pursuant to the consultation. 

  8. Montu cannot provide our services to you should you withhold or withdraw your consent for our Montu clinicians to communicate with your GP.

  9. If you do not provide us with the information we need, we may not be able to be provide our services to you. We will not be responsible for providing the services late or not providing any part of them if this is caused by a failure to provide the required information ahead of an appointment or the information when supplied does not evidence your health status as presented to us by you.

Montu Service and Consultations - Refunds, Return and Cancellations:

 

The fees for the consultation with our clinicians are those set out on our website on the date you make an appointment unless we have agreed another price in writing. 

 

We will confirm our prices and require payment in full to proceed to book your appointment. 

 

Appointments are exempt from VAT but where VAT is applicable to any of our services, our prices will include VAT at the applicable rate.

 

Payment Terms

1.1 Payment for services must be made through electronic fund transfer (EFT) to the bank account details shared with you, or by using a credit or debit card:

1.2 All payments must be made in the currency specified which will be English pounds (£).

Late Payment

2.1 If payment is not received by the due date this will be considered in default.

2.2 Montu reserves the right to suspend or terminate services if payment is not received within the specified timely manner.

Cancellations

3.1 Appointments must be cancelled by the appointment cancellation link sent to you at the time of registration and prior to your appointment with no later than 24 hours notice. 

3.2 If appointments are cancelled with less than 24 hours notice, you will be liable for the cost of the consultation.

Refunds and Returns

4.1 Where applicable and agreed, any refunds will be processed through electronic fund transfer (EFT) to the bank account details provided or to the credit / debit card.

 

4.2 Montu reserves the right to issue refunds.  This would only be applicable if no consultation has taken place.

 

Disputes and Complaints

5.1 Any disputes or complaints must be raised with Montu in writing within 7 days of the consultation date.

5.2 Montu will investigate all disputes and complaints within a reasonable time in line with Montu’s complaints procedure.

Confidentiality and Data Protection

6.1 Montu will take all reasonable steps to protect the confidentiality and privacy of the client's information. 

6.2 Montu will comply with all applicable data protection laws and regulations.

See also Privacy Policy

 

Termination

7.1 Either party may terminate this agreement by giving written notice to the other party.

7.2 Termination will not affect any rights or obligations that have accrued prior to the date of termination.

Governing Law and Jurisdiction

8.1 This agreement will be governed by and construed in accordance with the laws of the United Kingdom.

8.2 Any disputes arising from or in connection with this agreement will be subject to the non-exclusive jurisdiction of the courts of the United Kingdom.

Prescription Policy

Montu Group UK does not endorse any specific medication, pharmacy, or pharmacologic product. Montu Group UK clinical team prescribe pharmaceutical products through the Services.

 

You understand and accept that there is no guarantee that any of our clinicians will issue you with a prescription for medical cannabis. Issuing of prescriptions is at the sole discretion of consultants. 

 

The medical cannabis prescribed by our consultants is imported from licensed producers.

You will receive your medicine from a selected pharmacy via a prescribed medical prescription. 

 

The time taken to dispense prescriptions can vary. 

 

Prescriptions - Refunds, Return and Cancellations:

 

You understand and accept that private prescriptions are charged for by the pharmacy

 

You will need to pay the selected pharmacist which dispenses your prescription for your medication.

 

Montu is not involved with prescriptions charges that are applied by the pharmacy. 

 

It is your choice as to whether you have any prescription fulfilled and at what cost.

 

For prescriptions, dispensing and deliveries - Any / all refunds, returns and cancellations must be discussed and arranges directly with the pharmacy as this sits outside Montu’s remit.

Changes to the service

As it is our policy continually to review and update the services we offer through the website, and we reserve the right to make changes to the website, and/or to these terms from time to time.

Service suspension & termination

We may, from time to time, with or without prior notice, temporarily suspend the operation of any service and/or any part of the website (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality. Where the website is unavailable for any period of time, you should continue to contact your doctor (or other medical professional responsible for your care) and the administrators of any clinical studies or research projects you are participating in via the website, as usual and as necessary for your treatment or research participation, using other appropriate means. You should not rely on this website as your sole means of contact with your doctor or any other healthcare professional or researcher.

We may, with or without prior notice, terminate any contract between you and us (Contract) or suspend and/or terminate any Service and/or your use of your account in the event that you have breached any of these terms.

We maintain the right to withdraw your ability to use the website at any time, if we understand, after consultation with your doctor or other healthcare professional or the administrators of a clinical study or research project in which you are involved, that the website may no longer be suitable for your medical needs. You agree to cease using the website where you are advised by your doctor or other healthcare professional that it is no longer suitable for you to use.

If you have breached these terms, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:

  • issue of a warning to you;

  • immediate, temporary or permanent removal of any content submitted by you;

  • immediate, temporary or permanent withdrawal of your right to use any Service;

  • legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; and/or

  • disclosure of all relevant information to law enforcement authorities as we reasonably feel is necessary.

 

 

The rights described above are cumulative and are not limited, and we may take any other action we deem appropriate.

Upon termination of any Contract or Service or your account, for any reason:

  • all rights granted to you under these terms will immediately cease;

  • you must promptly discontinue all use of the website and delete from all devices in your possession;

  • it is your responsibility to contact your doctor and any other healthcare professional with whom you are connected through the website to inform them that you are no longer contactable through the website; and

  • you must pay us all outstanding amounts that you owe us.

 

Access to the website 

By accessing the website, you agree to be bound by the terms of our Privacy Policy.

We cannot guarantee the continuous, uninterrupted or error- free operability of our Site or website. There may be times when certain features, parts or content of the website, or the entire website, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you.

  You agree that we will not be liable to you or to any third-party for any unavailability, modification,    suspension or withdrawal of the website, or any features, parts or content of the website.

 

The website connects to services via the internet via your third- party internet services provider or mobile services provider’s network and a stable internet connection is required to access our services. You acknowledge and agree that we are not responsible for any unavailability of the internet, connection quality issues, service interruption or diminished functionality in the website which you may experience as a result of any such unavailability of any part of the internet or issue with your device’s internet connectivity.

What you are allowed to do

You may only use the website for non-commercial use (unless expressly granted permission to do otherwise by us) and only in accordance with these terms. You may retrieve and display content from the website on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form.

Additional terms may also apply to certain features, parts or content of the website and, where they apply, will be displayed on-screen or accessible via a link.

What you are not allowed to do

Except to the extent expressly set out in these terms, you are not allowed to:

  • ‘scrape’ content or store content of the website on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the website

  • submit any content to the website which is false, misleading or fraudulent or which could be considered defamatory, offensive or otherwise objectionable; remove or change any content of the website or

  • attempt to circumvent security or interfere with the proper

  • working of the website or the servers on which the website is hosted;

  • republish, redistribute, reverse-engineer or re-transmit the website, and/or any of the content made available on the website; or

  • otherwise do anything that is not expressly permitted by these terms.

You must only use the website, anything available from website for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of

our affiliates, employees, agents or representatives.

 

All rights granted to you under these terms will terminate immediately in the event that you are in breach of any of them.


Intellectual property rights

You acknowledge that all intellectual property rights in any content of the website (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors.

Except as expressly set out here, nothing in these terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the website. In the event you print off, copy or store pages from the website (only as permitted by these terms), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content

are reproduced.

 

Your grant of Licence to Us in respect of all content you submit: By uploading or submitting any content and materials to the website (User Content), you agree to grant us a worldwide, perpetual, non-exclusive and royalty-free licence (with the right to sub-license) to use, reproduce, adapt, publish and re- distribute such User Content in whole or in part without compensation to you (in accordance with our Privacy Policy)

We may, in our sole discretion, choose to attribute such User Content to you.

Site features & content

We may change the format, features and content of the website from time to time. You agree that your use of the website is on an ‘as is’ and ‘as available’ basis and at your sole risk.

Whilst we try to make sure that content on the website consists of information which we reasonably believe to be correct and accurate, you acknowledge that the website may make content available which is derived from a number of sources for which we are not responsible. In all cases, information on the website is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

Whilst we take reasonable steps to ensure that the website, and content available via them is free of malware and viruses, we cannot and do not guarantee that any content on the website will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including

anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content you access through our services.

 

External links

The website may, from time to time, include links to external sites, which may include links to third-party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.

Our liability to you

Other terms may apply: Where you obtain products or services from us, the supply of such products is subject to our standard terms of use and may also be subject to other terms of sale as notified to you, which may contain different limitations and exclusions of liability and which supersede the terms set out below, insofar as any liability arising out of the supply of such products is concerned.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so: Nothing in these terms shall limit or exclude our liability to you:

  • for death or personal injury caused by our negligence or the negligence of our employees;

  • for fraud or fraudulent misrepresentation or misrepresentation as to a fundamental matter;

  • for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or for any other liability that, by law, may not be limited or excluded.

 

Financial limitation (where applicable) : Except for in respect of the matters listed in the paragraph above setting out where we do not limit or exclude our liability to you, our maximum aggregate liability in contract, tort (including our negligence or breach of statutory duty) or otherwise for any breach of these terms (or series of related events of default) shall not exceed the greater of either:

(i) 100% of the total fees paid or payable by you to access any of the Services in the preceding twelve months.

We are responsible to you for foreseeable loss and damage caused by us. Subject to the financial limitation above, if we fail to comply with these terms, we are responsible for reasonable loss or damage you suffer that is foreseeable as a result of any negligent act or omission which breaches these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

Where we are liable for damage to your property: Subject to the financial limitation above, if defective digital content that we have supplied damages a device or digital content belonging to you, and such damage is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place any minimum system requirements advised by us.

We are not responsible for events outside of our control: We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. If our provision or support for the website is delayed by an event outside of our control then we will contact you by email as soon as possible to let you know that we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by such an event.

No agency: No agency, partnership, joint venture, employment relationship or franchise relationship is intended or created between you and use as a result of your use of the Services or by you entering into any agreement with us to buy our products or services.

We are not responsible for business losses suffered by consumers: The website is made available to Patients exclusively for domestic, private and personal use to support their recovery journey. You agree not to use the website for any commercial, business or resale purposes and, where you do, we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

We are not liable for medical advice you receive: We are not affiliated to, nor are we an agent of your doctor or other healthcare professional and are not liable for any advice given to you by your doctor or other healthcare professional, or other medical advisers or third-parties delivered through the website or otherwise.

 

General

How you should contact us: All notices given by you to us must be given in writing to the address set out at the end of these terms. We may give notice to you by email you provide to us.

Even if we delay in enforcing this contract, we can still enforce it later: If we fail to enforce any of our rights, that does not result in a waiver of that right. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breach of this contract, this will not mean that you do not have to do those things and it will not prevent us taking action against you at a later date.

If a court finds part of this agreement illegal, the rest will continue in force: If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

You may not vary these terms: These terms may not be varied except with our express written consent.

This is the entire agreement between us: These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that contracts may be concluded in the English language only and that no public filing requirements apply.

We may transfer this agreement to someone else: We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing by email if this happens and we will ensure that the transfer does not affect your rights under this agreement.

You may not transfer your rights to someone else: We are giving you personally the right to use the website as set out in these terms. You may not transfer your rights or obligations under these terms to another person without our prior written agreement. You agree that if you sell any device on which the website is installed, you must remove the website from it.

No rights for third-parties: You may not share the Services with any other person and this agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

Which laws apply to this agreement and where you may bring legal proceedings: These terms shall be governed by English law, except that if you live in a jurisdiction which provides you with inalienable rights as a matter of mandatory local law, there may be certain mandatory applicable laws of your jurisdiction which apply for your benefit and protection in addition to or instead of certain provisions of English law.

 

You agree that any dispute between you and us regarding these terms or any Contract will only be dealt with by the English courts.  All legal disputes related to card processing are handled under (country of incorporation) Law.

Contacting us

Please submit any questions you have about these terms or an order you have placed or ordering in general, or any complaint or concern in relation to any Service ordered by email to qa@montugroup.com 

Reviewed: April 2023

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