Terms and conditions

01Who We Are and How to Contact Us

The Jorja Medical Cannabis Service is a medical cannabis clinic operated by Jorja Essex Ltd, a company registered in England and Wales (Registered No: 16262898). We are based at 321 Eastwood Road North, Leigh on Sea, Essex SS9 4LT.

02Contact Information

To contact us please email at info@jorjamedicalcannabis.co.uk

Or contact us by telephone: 0333 050 5088

03How Jorja Medical Cannabis Service will Contact You

We may contact you via email, text or telephone dependent on your personal communication preferences. We may also contact you via a general notice on the website or our social media channels.

04Definitions

In these Terms the following definitions apply:

• Application means an application submitted either via phone, email or website by a patient or Referrer for an Appointment.
• Appointment means an appointment with a Clinician who is providing clinical services on behalf of Jorja Medical Cannabis Service.
• Annual Fixed Term Subscription means a Subscription purchased for a fixed period of one year, paid for in full upfront, which is non refundable and has no cancellation notice period during its term unless consultations cannot be fulfilled due to non availability of clinicians for a period of two months or longer.
• CBMP means a cannabis based medicinal product.
• Clinician means a clinician who is a qualified medical professional based in the UK and engaged by Jorja Medical Cannabis Service.
• Monthly Rolling Subscription means a Subscription that renews automatically each month and can be cancelled subject to the notice period specified in these Terms.
• Pay As You Go Appointment means where you choose to pay each time that you have an Appointment or prescription issued.
• Referral means a referral of a patient for an Appointment by a Referrer to Jorja Medical Cannabis Service.
• Referrer means any GP or medical practitioner who refers a patient for an Appointment.
• Services means services for Triage, Appointments with Clinicians which may or may not lead to a prescription of a CBMP, follow up consultations and provision of prescriptions where a Patient has been confirmed as suitable for CBMP treatment.
• Subscription means a subscription to our Services, which may be a Monthly Rolling Subscription or an Annual Fixed Term Subscription, as detailed on Jorja Medical Cannabis Service website and which entitles you to receive a fixed number of Appointments during a Subscription Period.
• Subscription Period means the period during which a patient has a Subscription with us (either monthly rolling or a fixed 12 month term for the Annual Fixed Term Subscription).
• Terms of Treatment means the documents which will be provided to patients during their onboarding or Appointments if they are to be prescribed a CBMP.

05Terms of Referrals

• You agree that only Referrers can refer their patients to us for an appointment at Jorja Medical Cannabis Service. You understand that falsifying Referrals constitutes a criminal offence, which could lead to criminal prosecution.
• You can refer your patients by phone or email or clinical letter. Appointments are subject to availability and remain at our entire discretion, subject to the Terms of Treatment agreed by the patient upon booking of the Appointment and after we have triaged the patient, gathered their relevant documentation and confirmed they would be eligible for CBMP treatment.
• We reserve the right to request additional information regarding an incomplete referral.
• You understand that there is no guarantee that the Clinician will provide your patient with a prescription for CBMPs following their Appointment. You agree that the Clinician might, if they consider it clinically appropriate, recommend or prescribe conventional medical treatment before prescribing your patient CBMPs.
• You understand that prescriptions will only be issued where clinically appropriate, lawful and after an appointment has occurred, subject to your patient’s agreement of the Terms of Treatment and following a multidisciplinary team (MDT) review.

06FOR PATIENTS: Our contract with you

• Jorja Medical Cannabis Service only offer Services to patients in the UK. Our website is solely for the promotion of our services in the UK. Unfortunately, we do not accept requests for Appointments from addresses outside the UK.
• By submitting an Application for an Appointment with a Jorja Medical Cannabis Service clinician via telephone, email or website, you are making an offer to purchase our Services.
• We will consider whether your Application or the Referral means that you are suitable for our Services. Your offer will only be accepted by us and a contract formed when we have approved your Application or the Referral. We reserve the right to reject any offer for Services at our discretion, and will confirm this in writing via email to you.
• You will be notified of our acceptance of the Application or the Referral via email and we will book an Appointment with an appropriate Jorja Medical Cannabis Service Consultant.
• If we are unable to accept you for treatment, we will inform you of this via email and refund your membership payment in full. Refunds take 10 to 14 working days to reach your account. This could be because (without limitation) we have considered that your medical history is not suitable for our CBMP treatment service.
• You promise that all information that you supply to us in connection with these Terms is accurate and not misleading and that you will tell us if there are any important changes in your medical history at any time. You agree to disclose to us all medical or other substances or treatments that you are currently taking or might be taking in the future. You agree to tell your Clinician about any experiences of altered mental status or possible known medical side effects of the use of any CBMPs. This is to ensure patient and clinician safety to avoid any contra indications to CBMPs.

Failure to disclose medical information may mean that our agreement to provide services could result in discharge from the clinic.

07FOR PATIENTS: Appointments

• Following your Appointment with a consultant, if you are a patient who suffers from a condition which has not been treated effectively with conventional medicinal treatments, you may be prescribed CBMPs where it is believed that you could reasonably derive clinical benefit through the use of the prescribed products.
• Our Services comprise the organisation of Appointments with Jorja Medical Cannabis Service Consultants, which may or may not lead to a prescription of a CBMP.
• Jorja Medical Cannabis Service does not purchase, stock or dispense CBMPs. This is done via third party pharmacies.
• You understand that there is no guarantee that a Clinician will provide you with a prescription for CBMPs at or after your Appointment. You agree that your Clinician might, if they consider it clinically appropriate, suggest or prescribe conventional medical treatment before prescribing CBMPs.
• You accept that the Clinician will only provide you a prescription for CBMPs where they deem it clinically appropriate and legally compliant with all regulations related to prescribing CBMPs.

08Pricing

The price of the Services (including the pricing structure for a Monthly Rolling Subscription, an Annual Fixed Term Subscription, or pay as you go appointment) will be as shown on the Jorja Medical Cannabis Service website and in documentation provided during the patient onboarding period. Our fees and charges may change at any time, but price changes will not affect any Services or Annual Fixed Term Subscriptions that you have already ordered at the time of the changes.

If a promotion or offer occurs during the period of your Annual Subscription or Monthly Rolling Subscription, this is only available to potential new patients who want to join Jorja Medical Cannabis Service because of the promotional offer. Existing patients are not eligible to switch to the promotional offer pricing unless stated in the Terms and Conditions for the offer.

Any changes to Jorja Medical Cannabis Service’s pricing for subscriptions or Pay as you Go patients, will be communicated in writing to you and be published on the website.

09Appointment costs

The cost of an Appointment will vary depending on whether you choose to Pay Per Appointment or purchase a Subscription (either Monthly Rolling or Annual Fixed Term). The respective costs are set out on Jorja Medical Cannabis Service website and will also be confirmed when booking the appointment.

If you are a patient who has either a Monthly Rolling or Annual Fixed Term subscription, our terms of service include the initial consultation, a monitoring follow up approximately one month later, then follow up consultations every three months.

10Consultation Timeline

Jorja Medical Cannabis Service makes every effort to adhere to this timetable, but it is dependent on both clinician and patient availability.

11Payment terms

Payment is via your bank account. Upon booking an Appointment or purchasing a Subscription, you will need to submit details of your account and sort code which we will store securely.

Incorrect Pricing. We take all reasonable care to ensure that the price of the Services advised to you is correct. However, it is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Services’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Services’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

Supply of your bank details: By submitting your order for the Services, you expressly agree that we may pre authorise any charges payable in respect of the Services that you have ordered. On acceptance by us of your order, you expressly agree that we may automatically take payment of the charges for the relevant Services from your bank account when you book an Appointment or purchase a Subscription (as applicable). If we are unable to pre authorise or process payment of the relevant charges to your bank account for whatever reason (whether due to your own action or omission or the action or omission of any third party), we will not be able to provide the relevant Services and we will still be owed the fees and charges incurred by you personally, which we may take formal action to recover.

Subscription patients. Subscription fees vary depending on the type of Subscription chosen (Monthly Rolling or Annual Fixed Term) and the payment plan selected (where applicable), as shown on the Jorja Medical Cannabis Service website and in information given during your onboarding.

Annual Fixed Term Subscription Fee. The fee for the Annual Fixed Term Subscription covers a 12 month period and must be paid in a single upfront lump sum at the time of purchase via the bank details registered with your Application. Subject to exclusions detailed below, this fee is non refundable.

Monthly Rolling Subscription Fee. The fee for the Monthly Rolling Subscription is charged monthly (“Monthly Payment”). The specific amount will be notified to you at the time you take out your Subscription.

Monthly Rolling Subscription patients only. You understand and accept that where you choose the Monthly Rolling Subscription paid via Monthly Payments, each Monthly Payment will automatically be charged to the bank details registered with your Application without notification each month during the Subscription Period.

Changes to the Monthly Rolling Subscription fee. You agree to pay the Monthly Rolling Subscription fee at the rate notified to you at the time you take out your Subscription. We may modify the price of any Monthly Rolling Subscription fee from time to time, but any change to the Subscription fee will not take place until 1 month after we notify you. We will always inform you by email if the Monthly Rolling Subscription fee will be increased and you can always choose not to renew your Subscription.

Subscription renewals. You understand and accept that your Monthly Rolling Subscription will automatically renew after each month on a rolling basis. Upon renewal, we will charge the current Monthly Rolling Subscription fee using the bank account registered to you. Unless you tell us otherwise, we will assume that you want to pay for your renewed Monthly Rolling Subscription fee via Monthly Payments and we will take payment accordingly. You can notify us at any time that you do not wish to automatically renew your Monthly Rolling Subscription at any time via email and in accordance with the terms shown below.

You are responsible for all charges incurred in your name. Any and all charges, without exception, incurred are the responsibility of the patient who registered with us. We do not accept payment by insurers on your behalf, unless expressly agreed in writing by us in advance.

Self issuing refunds. If you use chargeback services available via your bank in an attempt to self issue refunds and we are successful in disputing any chargeback with your provider, you will pay our reasonably incurred fees and costs in relation to administration and legal work in disputing your claim. You agree to pay such fees to us in cleared funds no more than 30 days from the dispute being successfully decided in our favour. We reserve the right to cancel any Appointments you have booked if we are successful in disputing any chargeback with your provider.

12What happens if you fail to make a Monthly Payment?

If any Monthly Subscription Payment cannot be taken from the bank account registered to you, we have the right to suspend your Monthly Rolling Subscription and any Services that you have ordered or booked until the relevant payment has been received. In the event of a failed payment, a reminder will be sent to you via the email address registered to you. We will attempt to take the relevant payment twenty four (24) hours after the reminder email. If payment fails for a second time, your Subscription and any Appointments that you have ordered or booked will be cancelled. We will not be obliged to refund any Monthly Payments that you have paid previously (in respect of Subscription services that you have already received). Our normal cancellation provisions will apply in respect of any related Appointments.

13Waiving your statutory right to cancel during the Cooling Off Period

Statutory 14 day ‘Cooling Off’ Period. In most cases, where you purchase goods or services online, you have a statutory right to cancel your order within fourteen (14) days after the day on which the contract is entered into (‘Cooling Off Period’) without giving any reason. In our case, this applies when you apply to purchase our Services.

Waiving your right. When you submit your Application or we receive an Application via a Referral, you have the option to waive your statutory right in respect of the Cooling Off Period. If you choose to waive your rights in this way and your Application is approved, you will be able to make an Appointment that is scheduled before the expiry of the Cooling Off Period. Once you have waived your statutory right in this way and you have attended an Appointment, you will not have the right to cancel the Services during the Cooling Off Period or receive a refund of any charges that you have paid in respect of the Services. If you choose not to waive your statutory right in this way, you acknowledge that we will not perform the Services for you during the duration of the Cooling Off Period.

Subscription Users. You understand and accept that by registering for Subscription, you are agreeing that we can start to provide the benefits of the Services to you during the Cooling Off Period.

If you cancel during the Cooling Off Period and you have not attended any Appointments at the time of your cancellation, then we will give you a full refund of the Annual Fixed Term Subscription Fee or the first Monthly Payment (as applicable) that you have paid.

Pay As You Go Patients. You understand and accept that by booking an Appointment, you are agreeing that we can start to provide the benefits of the Services to you during the Cooling Off Period.

If you cancel during the Cooling Off Period and you have not attended any Appointments at the time of your cancellation, then we will give you a full refund of the fees and charges that you have paid.

When your refund will be made. We will make any refunds due to you as soon as possible and in any case within 10 to 14 working days of your telling us you have changed your mind.

14Cancellation rights

You may cancel an Appointment at any time on giving 72 hours’ notice. You may cancel any Appointment at any time by emailing or telephoning us.

Pay As You Go Patients Only. You will be charged if you cancel an Appointment on less than 72 hours’ notice. If you cancel an Appointment within 72 hours of the scheduled start time of the relevant Appointment, you will be required to pay the full charge for the relevant cancelled Appointment. This is to cover our reasonable costs incurred for each Appointment.

Subscription patients only. If you cancel an Appointment on less than 72 hours’ notice, this constitutes one of your allotted Appointments. If you cancel an Appointment within 72 hours of the scheduled start time of the relevant Appointment, please note that this constitutes one of your allotted Appointments that you are eligible to under the Subscription. We will try to reschedule your appointment with no additional charge, but this will need to be when there is clinician availability which could extend the time between 3 monthly follow up appointments.

Monthly Rolling Subscription Cancellation. Subject to your statutory rights (as described above), you can cancel your Monthly Rolling Subscription at any time during the Subscription Period with 2 months’ notice except that following your initial sign up to a Subscription, you may only give the 2 months’ notice after 1 month from your initial sign up. If you make Monthly Payments, you understand and accept that we shall be entitled to take payment (from the bank account registered to you) for the total amount of 2 months’ or 3 months’ worth (as applicable) of Monthly Payments covering the notice period.

Annual Fixed Term Subscription Cancellation. The Annual Fixed Term Subscription is for a committed 12 month period and is non refundable (subject to your statutory rights described in the Cooling Off Period and your rights as described below). There is no option to cancel this Subscription early for a refund after the Cooling Off Period has expired unless the specific circumstances described below apply. No cancellation notice period is required or applicable as the term is fixed for 12 months and paid upfront. You may cease using the Services at any time during the 12 month term, but no refund for any unused portion of the term will be provided.

You may also cancel the contract for Services for the following reasons:

• If the Services are faulty or misdescribed;
• If we have told you about an upcoming change to the Services or these terms which you do not agree to;
• If we have told you about an error in the price or description of the Services and you do not wish to proceed;
• If there is a risk that supply of the Services may be significantly delayed because of events outside of our control which persist for more than 8 weeks;
• If you have a legal right to end the contract because of something we have done wrong.

In such circumstances, we will refund any sums you have paid in advance for Services which will not be provided (including a pro rata refund for any unused portion of an Annual Fixed Term Subscription minus 2 months payments).

15Our Right to cancel an Appointment

In case of Clinician availability issues, we reserve the right to contact you in order to re arrange your Appointment or to offer you a refund. A refund in this scenario is not subject to the 72 hour cancellation condition if the Appointment is re organised by us.

We reserve the right to cancel your Appointment on notice if:

• you do not provide any additional information requested prior to the Appointment; or
• we believe that you (be it the patient, their parent, their guardian or their carer) are not behaving reasonably and are not treating the Clinicians and staff with appropriate respect or you are demonstrating abusive behaviour towards our Clinicians or staff.
• we have reasonable grounds to suspect or determine that you have attempted to defraud or have defrauded Jorja Medical Cannabis Service, including but not limited to providing false or misleading information, misrepresenting eligibility for services, or engaging in fraudulent payment activities (such as misuse of payment methods).

16Changes to Terms

We may amend these Terms from time to time. Every time you wish to use our services, please check these Terms to ensure you understand the Terms that apply at that time. If we make any material changes to these Terms, we will use reasonable efforts to give you notice prior to the change becoming effective. Any change will be effective immediately when the revised Terms are posted on our website. You should stop using our website and our services if you do not agree to any changes.

17Our right to Terminate for Your Breach

Jorja Medical Cannabis Service may end the contract between us, terminating your right to use the Services, if:

• you do not make any payment to us when it is due, as required by these Terms
• you have been subject to Jorja Medical Cannabis Service Zero Tolerance Policy
• you breach any of these Terms

18Our responsibility to you

If Jorja Medical Cannabis Service breaches this contract or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time this contract was made, either it was clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).

Jorja Medical Cannabis Service is not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage including any loss of revenue or loss of profits suffered by you.

Nothing in these Terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

19Events outside of our control

Jorja Medical Cannabis Service is not responsible for delays outside its control. If supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to cancel the appointment or service and receive a refund for any services you have paid for but not received.

20Data protection

For further information about how we use your personal information, please see our Privacy Policy.

21Laws relating to CBMPs

You are aware that the laws in relation to CBMPs vary internationally and you understand that it may be illegal for you (or your patient if applicable) to take CBMPs outside of the UK. We do advise that if travelling overseas, you apply for a travel letter from Jorja Medical Cannabis Service.

You are aware that it is illegal to distribute, share or sell any of CBMPs to any other party.

For further information about CBMP, please refer to the Resource Pack provided during your onboarding period or email us at info@jorjamedicalcannabis.co.uk

22Complaints

If you have any complaints about our services, you can submit a complaint via email to info@jorjamedicalcannabis.co.uk or refer to our Complaints Policy.

23Transfer of These Terms

We may transfer our rights and obligations under these terms to another organisation. We will always tell you if this happens and we will ensure that the transfer will not affect your rights under the Terms. These Terms are between you and Jorja Medical Cannabis Service. No other person shall have any rights to enforce any of its terms.

If a court finds part of these Terms are void, unenforceable or illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

24Governing Law

These Terms are governed by English law and the English courts shall have exclusive jurisdiction in respect of any disputes arising under these Terms.