Terms of Service
THESE TERMS AND CONDITIONS (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN Treehab Inc. (“Treehab”, “WE” OR “US”) AND “YOU”. THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE SERVICES PROVIDED BY AND THE WEBSITE LOCATED AT THE URL MMJCARD.IO (AS WELL AS ALL ASSOCIATED SITES LINKED TO MMJCARD.IO BY Treehab, ITS SUBSIDIARIES AND AFFILIATED COMPANIES) (COLLECTIVELY, THE “SITE”). UNLESS OTHERWISE SPECIFICED, ALL REFERENCES TO “SITE” INCLUDE ANY SOFTWARE THAT Treehab PROVIDES TO YOU THAT ALLOWS YOU TO ACCESS THE SITE FROM A MOBILE DEVICE (A “MOBILE APPLICATION”). BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.
I. What We Do
Our services are provided through the Site (which may include Mobile Applications), which is a tele-health online solution that allows participating medical professionals and health care staff (“Healthcare Providers” or “Providers”) to communicate with their clients and patients (“Patients”) to provide health care services online and perform virtual house calls via a secure Internet connection (the “Services”). We are not a medical service provider, health insurance company, or licensed to sell health insurance.
The Services are not intended for use by health care providers and patients in connection with active patient monitoring so as to allow immediate clinical action or continuous monitoring by a health care provider or the patient.
USE OF OUR SERVICES IS NOT APPROPRIATE FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.
While the Services may provide access to certain general medical information, and also allow patients to communicate with health care providers, the Services we provide cannot and are not intended to provide medical advice. We advise seeking the advice of a physician or other qualified healthcare provider with any questions regarding personal health or medical conditions. Never disregard, avoid, or delay in obtaining medical advice from a doctor or other qualified healthcare provider because of something posted on the Site. If you have or suspect that you have a medical problem or condition, please contact a
qualified healthcare professional immediately. THE CONTENT ON THE SITE IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR health care providers FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH DRUGS, THERAPY, OR OTHER TREATMENT MAY BE APPROPRIATE FOR YOU. NONE OF THE INFORMATION ON THE SITE REPRESENTS OR WARRANTS THAT ANY PARTICULAR DRUG, THERAPY OR OTHER TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. FURTHER, A HEALTH CARE PROVIDER’S ABILITY TO USE OUR SERVICES is not an endorsement or recommendation of that health care provider by Treehab.
To the extent medical advice is provided to you by a health care provider through the Services, such medical advice is based on your personal health data as provided by you to the health care provider and the local standards of care for your presenting symptoms, based on the information you provide. The medical advice provided by your health care provider is not under the control of Treehab, nor is it provided to or used by Treehab.
Treehab can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site and by providing a notice on the Site. By using this Site after Treehab has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.
Treehab may make changes to the Site or to the Services at any time, without notice. If you object to any changes to the Site or Services, your sole recourse will be to cease using them. Continued use of the Site or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Services.
III. Patient and Health Care Provider Responsibilities
If you are a Patient, you accept responsibility for yourself in the use of the Services. You acknowledge that your relationship for health care services is with your health care provider, and your obtaining services from the Healthcare Provider is solely at your own risk and you assume full responsibility for all risk associated therewith, to the extent permitted by law. By
using the Service, you agree to not hold Treehab liable in any way for any malpractice or substandard treatment the Healthcare Provider may render.
We do not confirm the credentials of Healthcare Providers using our Services and do not validate that they are in good standing with their respective licensure board(s). It is the patient’s responsibility to separately confirm that a healthcare Provider is in good standing with his or her respective licensing board(s).
If you are a Healthcare Provider, you accept responsibility for your Patients as well as yourself in the use of this Service. You are also responsible for the quality of the services you provide during your use of the Service and for complying with all applicable laws in connection with your use of the Service. For example, you are responsible for obtaining any and all Federal, State and local licenses and certifications which may be required to practice your profession when using this Service and maintaining malpractice and liability insurance in compliance with regulatory and local requirements.
You are also responsible for obtaining Patient consent if required by law and complying with any and all privacy laws applicable to the use of this Service with your patients, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Treehab has established reasonable safeguards and procedures to protect the security of patient information, but you must also take steps to protect your privacy and confidentiality that of your patients. You will be asked to enter a HIPAA business associate agreement with Treehab.
We make no representations regarding your ability to bill third-party payors for the services you provide using the Site. You are responsible for complying with all laws in billing for the services you provide.
V. General Provisions Regarding Use and Age Requirement
By using this Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received
your parent’s or legal guardian’s permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Treehab if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information to the Treehab or the Site.
Treehab provides content through the Site that is copyrighted and/or trademarked work of Treehab or Treehab’s third-party licensors and suppliers or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, Treehab hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
VI. Visitors and Registered Users
As a visitor, you can view, visit and browse through the Site. You need not register with Treehab to simply visit and view the Site, to browse and see the partial, publicly accessible information in the Site.
However, in order to access the Services and Materials offered on and through the Site, you must register with Treehab for an account and receive a password. Registered Users can be Patients or Healthcare Providers. To be able to use and access the Services, Providers shall contract separately with Treehab, create a “Provider Account” and then invite Patients to join the Provider’s Treehab practice.
(a) Password Restricted Areas of this Site
To register for an account with Treehab, you must submit the following information through the account registration page on the Site:
(i) Providers: Providers are required to provide certain Personal Information, and information about their practices, including: the Provider’s name, date of birth, gender, address, email, mobile and work phone; the Healthcare Provider’s practice name, address, phone number and fax number; and a user id and password. We may also collect certain optional
information, including: middle name or initial, bank account or other payment information and other contact details, picture and communication preferences.
(ii) Patients: Patients are required to provide certain Personal Information, including: name, date of birth, gender, address, email, mobile and work phone, as well as a user id and password. Patients may also provide certain optional information, including middle name or initial, home phone and other contact info, pharmacy name and contact details, picture and communications preferences. In addition, the Patient can communicate other health-related information to the Healthcare Provider during a video consultation via the Treehab app. Optional information is not required to register for an account but may be helpful to Treehab in providing you with a more customized experience when using the Site or its Services.
Once you have created your Treehab account and provided a user-name and password, you are responsible for maintaining the confidentiality of your Treehab Password, and you are responsible for all activities that occur using your Treehab Password. You agree not to share your Treehab Password, let others access or use your Treehab Password or do anything else that might jeopardize the security of your Treehab Password. You agree to notify Treehab if your Treehab Password on this Site is lost, stolen, if you are aware of any unauthorized use of your Treehab Password on this Site or if you know of any other breach of security in relation to this Site. You are solely responsible for any and all use of your account and all activities that occur under or in connection with it.
All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date. You may change, correct or remove any information from your account by logging into your account directly and making the desired changes. You agree not to register for an account on behalf of an individual other than Yourself, or register for an account on behalf of any group or entity unless you are authorized to bind such person, group or entity to these Terms. By registering another person, group or entity you hereby represent that you are authorized to do so.
Individuals and/or entities whom access to the Site or use of the Services have previously been terminated by Treehab may not register for a new account, nor may designate other individuals to use an account on its or your behalf.
(b) Beta Version of the Site
If you register for a “beta account” or other pre-release version of the Site and/or the Services and Materials on the Site (“Beta Release”), you acknowledge and agree that the
1. WHO ARE WE?
This website (“Site”) is operated by Treehab Inc. (“Treehab”, “we”, “us” and/or “our”), the organizer of MMJCARD. You can contact us as at firstname.lastname@example.org
The data controller responsible for your personal data is Treehab with whom you contract as a customer, member or membership applicant (“Treehab”, “we”, “us” and/or “our”).
3. PERSONAL DATA WE COLLECT
We collect the following personal data about you:
- Applications: The personal details you provide when submitting a “Request for Information”, which could mean “partner”, “sponsor”, “speaker”. These applications typically include your full name, address, e-mail address; business address and phone number; approximate age, industry, career level; information about your work and other information that you elect to provide to support your application.
- Membership: When becoming a member of our GAWCC Insider platform, we collect your first and last name, email address, company and job title. We also collect information about your debit/credit card and bank account information provided by you to our payment service providers (“payment processors”), that we require for the purpose of recording and processing your membership fees. For further details please also refer to the section below headed “Payment Information”.
- Pass Purchases or Customer Transaction: The personal details you provide when you registering or purchasing a pass for a conference. These transactions typically include your full name, address, e-mail address; business address and phone number; gender, approximate age, industry, career level, approximate budget spend; information about your work and other information that you elect to provide to support your application. such as your first and last name, email address, billing and payment information (for further details please also refer to the section below headed “Payment Information”).
- Other Information: Personal details you choose to give when corresponding with us by phone, intercom or e-mail, participating in user/customer/member surveys or otherwise visiting and interacting with this Site or any other websites we operate, and personal data that you provide to us when you visit one of our flagship conferences or other premises.
4. AUTOMATICALLY COLLECTED PERSONAL DATA
- Log Data: When you visit our Site, our servers record information (“log data”), including information that your browser automatically sends whenever you visit the Site. This log data includes your Internet Protocol (“IP”) address (from which we understand the country you are connecting from at the time you visit the Site), browser type and settings, the date and time of your request.
5. HOW WE USE YOUR PERSONAL DATA
We use your personal data in the following ways:
- To acknowledge and confirm receipt of your MMJCARD “Pass” application (and where necessary put you on our waiting list). Such use of your data is necessary in order for internal members of our team to review the application.
- To contact you in connection with user/customer/member surveys and use any information you choose to submit in response, provided that you gave us your consent to being contacted in this way at the time you provided us with the personal data.
- From time to time, we may organize contests and other promotions. If you share information with us directly or through one of our third party service providers, we may use the email address you provided in order to notify you of the results.
- Treehab Inc. and our affiliated businesses, “”World Cannabis Conference”” in particular, may provide you, or permit selected third party service providers to provide you, with information about goods or services, events and other promotions we feel may interest you as a member, applicant or customer. We (or such third party providers) will contact you by email only with your consent, which was given at the time you provided us with the personal data.
- If you choose to register or purchase a conference pass and then also opt-in to share your contact information to our affilate partners or sponsors to convey that you are attending a particular conference, we will convey your personal details consisting of last name, first name, job title, and company name to the sponsor.
- If you are physically attending a conference and you are provided a printed pass (“badge”), your badge may have a QR code label which consists of your first name, last name, company, job title and email. By allowing other conference delegates, sponsors or partners to “”scan”” your printed pass, you are then opting in to share your contact information to those conference attendees, affiliate partners, or sponsors which includes the following personal details: last name, first name, job title, and company name.
- We may use your personal data for other purposes which you have consented to at the time of providing your data.
- As necessary for certain legitimate business interests, which include the following:
- where we are asked to deal with any inquiries or complaints you make.
- to administer our Site, to better understand how visitors interact with our websites and ensure that our Site is presented in the most effective manner for you and for your computer/device.
- if you ask us to delete your data or to be removed from our marketing lists and we are required to fulfil your request, to keep basic data to identify you and prevent further unwanted processing.
- for internal business/technical operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes and as part of our efforts to keep our Site, network and information systems secure.
6. DISCLOSURE OF YOUR INFORMATION
We share your personal data with third parties in the following situations:
- Service Providers: Treehab Inc., like many businesses, sometimes hires selected third parties who act on our behalf to support our operations, such as (i) card processing or payment services (see the section below headed “Payment Information”), (ii) credit reference agencies to protect against possible fraud, (iii) IT suppliers and contractors (e.g. data hosting providers or delivery partners) as necessary to provide IT support and enable us to provide customer or members services and other goods/services available on this Site or to members, (iv) web analytics providers, (v) providers of digital advertising services and (vi) providers of CRM, marketing and sales software solutions. Pursuant to our instructions, these parties may access, process or store your personal data in the course of performing their duties to us and solely in order to perform the services we have hired them to provide.
- Treehab Affiliated Businesses: We operate on a global scale, “MMJCARD” in particular. In order to provide the services you request from us, our affiliated businesses may access and process the information which we collect from you for the purposes described above, including to offer products and services to you. Our affiliated businesses will only use your data for the purposes for which we originally collected it.
- Business Transfers: if we sell our business or our company assets are acquired by a third party personal data held by us about our applicants, members, customers may be one of the transferred assets.
7. PAYMENT INFORMATION
Any credit/debit card payments and other payments you make through our Site will be processed by our third party payment providers and the payment data you submit will be securely stored and encrypted by our payment service providers using up to date industry standards. Please note that we do not ourselves directly process or store the debit/credit card data that you submit.
We may arrange that card or payment data you submit in support of a member or customer transaction fee is stored for the purpose of processing your member or customer transaction fees.
You may choose to opt out of our third party payment providers holding your card or payment data although this means that you will need to re-supply us with card/payment details to initiate your membership subscription fee or for the purpose of making any future purchases.
8. PERSONAL DATA TRANSFERS
Your personal may be transferred to and stored in countries other than the country in which the information was originally collected, including countries and other destinations outside the United Stages of America and the European Economic Area (“EEA”), to our service providers and affiliated businesses for the purposes described above.
Please note that the countries concerned may not provide the same legal standards for protection of your personal data that you have in the United States of American, the United Kingdom or EEA. Where we transfer your personal data to countries outside of the United States or the EEA we will take all steps to ensure that your personal data will continue to be protected. We will implement appropriate safeguards for the transfer of personal data to our service providers in accordance with the applicable law, such as relying on our service providers’ Privacy Shield certification or implementing standard contractual clauses for data transfers. We have implemented data transfer agreements pursuant to applicable data protection law in order to implement appropriate safeguards for the transfer of personal data to Treehab group companies in countries outside the United States and the EEA. If you would like to receive more information on the safeguards that we implement, including copies of relevant data transfer contracts, please contact us as indicated below.
Where we have given you (or where you have chosen) a password or log-in which enables you to access certain restricted parts of our Site, you are responsible for doing everything you reasonably can to keep these details secret. You must not share your password or log-in details with anyone else.
Unfortunately, the transmission of information over the internet or public communications networks can never be completely secure. We will take appropriate technical and organizational security measures to protect the personal data that you submit to us against unauthorized/unlawful access or loss, destruction or damage, although we cannot 100% guarantee the security of personal data that you provide to us online.
10. PERSONAL DATA RETENTION
To determine the appropriate retention period for your personal data, we consider the amount, nature, and sensitivity of the personal data, the purposes for which we process your personal data, applicable legal requirements or operational retention needs, and whether we can achieve those purposes through other means.
Upon expiry of the applicable retention period we will securely destroy your personal data in accordance with applicable laws and regulations. In some circumstances we may anonymize your personal data so that it can no longer be associated with you, in which case it is no longer personal data.
11. YOUR PERSONAL DATA PROTECTION RIGHTS
Certain applicable data protection laws give you specific rights in relation to your personal data. In particular, if the processing of your personal data is subject to the GDPR, you have the following rights in relation to your personal data:
- Right of access: If you ask us, we will confirm whether we are processing your personal data and, if so, provide you with a digital copy of that personal data along with certain other details such as the purpose of the data processing. If you require additional print copies, we may need to charge a reasonable fee.
- Right to rectification: If your personal data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your personal data with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your personal data so you can contact them directly.
- Right to erasure: You may ask us to delete or remove your personal data, such as where our legal basis for the processing