MW Pharma Limited
Health Care Provider Portal & Purchase Terms
The products are regulated under the Medicines Act 1981. You agree that by registering for and using the Portal, you are a registered healthcare practitioner (as that term is defined in the Medicines Act 1981). You acknowledge that by accessing the Portal you are requesting information from NUBU in relation to the Products so that you can make an informed prescribing and/or dispensing decision for your patients. The information about the Products available through the Portal, or the existence of the Portal itself, should not be taken to be a suggestion by us that you should make an enquiry about the Products.
PART A – PORTAL TERMS
1. Welcome to NUBU’s HCP Portal
1.1 These terms of use (Portal Terms) are applicable to products and services in New Zealand that are provided by MW Pharma Limited, a company incorporated in New Zealand with company number 6556595, with registered offices at Unit G12, 23 Edwin Street, Mount Eden, Auckland, 1024, New Zealand, via NUBU’s health care provider portal available at hcp.nubupharma.com (the Portal).
1.2 In these Portal Terms:
(a) NUBU, our and we means MW Pharma limited; and
(b) you and your means any user of the Portal (in your capacity as a healthcare provider).
1.3 These Portal Terms apply as follows:
(a) Part A: applies to all users of the Portal; and
(b) Part B: applies to users of the Portal who are registered trade customers with NUBU (Trade Customer Users).
1.4 Please read these Portal Terms carefully, and contact us if you have any questions. By accessing or using the Portal, including using any information provided on or via the Portal, you agree that you have read, understood and agree to be bound by these Portal Terms and by our Privacy Policy, which can be accessed at https://www.nubupharma.com/privacy/. All personal information provided to or collected by us in connection with your use of this Portal will be collected, stored, used and disclosed in accordance with our Privacy Policy.
1.5 These Portal Terms should be read in conjunction with NUBU’s Website Terms of Use, which can be found here https://www.nubupharma.com/terms-of-use/. In addition to these Portal Terms, we may notify you of specific terms of use that will apply to your use of the Portal (Specific Terms). In the event of any conflict between these Portal Terms and any Specific Terms, the Specific Terms shall prevail.
2. Creating a Portal account
2.1 How to create a Portal account: To access the Portal, you must create an account (or log into your account that you previously created). Please follow the instructions on this website. It will be at our sole discretion as to whether we accept your application to create an account.
2.2 What information do we require: You will be asked to provide information, including:
(a) your name;
(b) the name of your residing clinic/pharmacy;
(c) mobile number;
(d) your email address; and
(e) your professional registration number,
when creating your account.
2.3 Choosing a password: You will also need to provide a password in order to access your account. You are entirely responsible for maintaining the confidentiality of your password and you will be responsible for any damage or losses caused by unauthorised access resulting from your failure to keep your password secure. We encourage you to use a “strong” password (including a combination of numbers and letters). You agree to notify us immediately in the event of any unauthorised use, or suspected unauthorised use of your password or account.
3. Use of the Portal
3.1 Use of Portal: You may use our Portal only if you are a registered healthcare provider in New Zealand. Your use of the Portal must comply with these Portal Terms and all applicable laws. You agree not to use this website, including for purchasing of any products, for any purpose that is unlawful, or prohibited by or inconsistent with these Portal Terms.
3.2 Your information must be up to date: When you register to use the Portal, and at all time during your use of the Portal, you must provide us with accurate, up to date, and complete information that is not misleading, including any information you provide to us in relation to your status as a registered healthcare practitioner. If at any time you cease to be a registered healthcare practitioner, you must immediately notify us of this fact and cease your use of and access to the Portal.
3.3 Keeping your login information secure: You may be provided with a user name and password when you register with us, which will provide you with access to the Portal. You must not under any circumstance disclose or transfer your user name or password to a third party. You are responsible for ensuring:
(a) your user name and password are kept secure and confidential at all times;
(b) you immediately inform us of any suspected or actual unauthorised access to your user name or password. NUBU reserves the right to cancel a user name or password or remove or restrict access at any time;
(c) any information held by us in relation to you is up to date; and
(d) you only access the Portal from your official business premises as notified by you to us in writing from time to time.
3.4 Upgrades to the Portal: You agree that we may automatically upgrade the Portal and we may change the format, content and/or functionality of all or any part of the Portal at any time, including changing the information that you are required to enter into the Portal in order to access any part of the Portal. These Terms will apply to such upgrades and changes to the Portal.
3.5 Electronic communications: NUBU may act on, process or complete electronic messages transmitted by you through the Portal without further consultation with you. If NUBU requires you to sign, execute, accept in writing and/or return a document to NUBU, that signature, execution, written acceptance and return may be made by an electronic acceptance function available on the Portal. If you use this electronic acceptance function, it will have the same effect as if you had physically signed, executed, accepted in writing and returned the document to NUBU.
3.6 Not for use outside NZ: This website is not intended for access or use by visitors outside New Zealand.
4. Our Products
4.1 What’s on the Portal: The Portal contains product information relating to:
(a) medicinal cannabis; and
(b) medical devices for the consumption of medicinal cannabis (Devices),
(together, the Products).
4.2 Notification of Devices: The Devices have been notified by us, as sponsor, to the medical devices database (WAND Database) managed by Medsafe. Each Device has also been approved as a medical device by an overseas regulator. The Devices are not vaping devices regulated under the Smokefree Environments and Regulated Products Act 1990.
5. Customer information
5.1 Compliance with privacy law: You shall ensure that when collecting, storing, disclosing, using or dealing in any manner with personal information from your patients and any other persons you will comply with the provisions of the Privacy Act 2020 and our Privacy Policy.
5.2 Information about others: If you provide us with any personal information about any other person, including any of your patients, you confirm that:
you have their authorisation to provide their information to us and to authorise us to collect and use that information for the purpose for which the information was provided to us;
you have informed them of their rights to access and request correction of their personal information in accordance with the Privacy Act 2020; and
the information provided does not infringe the intellectual property rights of any third party.
6. Information provided through the Portal
6.1 Information for general purposes: Content in the Portal is provided for your general information purposes only and to inform you about our products, services and pricing, which may be of interest to you. It does not constitute medical, technical, financial, legal advice or any other type of advice and NUBU accepts no liability to you or any third party, including your patients or customers for any such information.
6.2 We do not advertise the availability of medicinal cannabis: In listing information about the Products on this Portal exclusively for healthcare providers we are not, and are not to be taken to be, making any statement, warranty, suggestion, indication or advertisement about the availability of any medicinal cannabis products.
6.3 No reliance on information: Although NUBU uses reasonable efforts to provide accurate and up-to-date information through its Portal, which has been obtained from sources that are considered reliable by us, NUBU does not represent, warrant or promise (whether express or implied) that any information, including pricing information, available through the Portal is or remains accurate, complete and up to date, or fit or suitable for any purpose. Any reliance you place on the information on or available via the Portal is at your own risk. Nothing in these Terms shall operate to prejudice any mandatory statutory requirement or your statutory rights.
6.4 Pricing is indicative only: Any pricing information, including any quote or estimate provided to you via the Portal, is indicative only and subject to change by NUBU upon reasonable notice.
7. Security
7.1 NUBU has taken all practicable steps to endeavour to ensure that the information you transmit to us is secure, but NUBU does not warrant or guarantee the security of any information that you transmit to us using the Portal. NUBU does not represent or warrant that the Portal functions without error or interruption. We care about the security of our users. While we work to protect the security of your account, NUBU cannot guarantee that unauthorised third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorised use of your account.
7.2 You agree not to violate or attempt to violate the security of the Portal, which includes any unauthorised access, malicious damage, interference, spam, mail bombing, viruses, worms, trojans or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.
7.3 NUBU cannot guarantee that any file or program available for download and/or execution from or via the Portal is compatible with your systems or free from viruses, Trojans, malwares or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use, download or execution of all programs and files on the Portal and you release NUBU entirely of all responsibility for any consequences of its use.
7.4 Messages that you send to NUBU by email may not be secure. NUBU recommends that you do not send any confidential information to NUBU by email. If you choose to send any messages to NUBU via email, you accept the risk that they may be intercepted, misused and modified by a third party.
7.5 We encourage those who have discovered potential security vulnerabilities in any of our services to disclose it to us in a responsible manner. Please share the details of any suspected vulnerabilities with us by clicking here.
8. Intellectual Property
8.1 NUBU owns or has obtained a valid licence to use all rights (including copyright, trademarks, patents as well as any other intellectual property rights) in relation to the Portal, the services and products provided through the Portal, and all information provided on or via this Portal (including all texts, graphics and logos). All such intellectual property rights will remain solely with NUBU and/or its licensors (as the case may be). You may not copy, download (except where download functionality is expressly provided), publish, distribute or reproduce any of the information contained or provided on or via the Portal in any form, whether in hard copy, electronic or any other form without the prior written consent of NUBU.
8.2 Subject to these Portal Terms and any other policies notified to you by us from time to time, we grant you a limited, non-exclusive, non-transferable, and revocable licence to use our Portal.
9. Third Party Links, Sites, and Services
9.1 No endorsement of third party sites: The Portal may contain hyperlinks to third-party websites, software applications, advertisers, services or other events or activities that are not owned or controlled by NUBU. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party websites, service, or content from NUBU, you do so at your own risk and you agree that NUBU will have no liability arising from your use of or access to any third-party website, service or content.
10. Termination
10.1 NUBU may terminate: NUBU may terminate or suspend your use of the Portal, any services provided through the Portal, any functionality of the Portal, your status as a Trade Customer User, or your specific account, with or without cause or notice, at any time. Upon termination, all provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, clauses 11, 12 and 14 to 23 of these Terms.
11. Indemnity
11.1 You agree to indemnify and hold harmless NUBU and its officers, representatives, directors, employees, agents, and its related companies, from and against any claims, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, but not limited to, reasonable legal and accounting expenses (including costs of defence of claims or proceedings brought by third parties), incurred by us as a direct or indirect result of any act or omission of yours related to (a) your access to or use of our products or services or this Portal (including any cost, claim, loss or expense relating to personal information as defined in the Privacy Act 2020); or (b) your breach of any of these Terms. For the avoidance of doubt, this indemnity includes loss incurred as a result of any unauthorised use of the Portal by you or your representatives, employees, or contractors.
12. Exclusion of Liability
12.1 The Portal is provided on an “as is” basis. NUBU does not make any undertaking, representation, guarantee or warranty in relation to these Terms and the use of and access to the Portal, including any representations or guarantees concerning the value of any quotes given or any prospects of entering into any further services or contracts.
12.2 To the extent permitted by law:
(a) NUBU expressly excludes all warranties, conditions and representations, whether express, implied or statutory relating in any way to this Portal, its content, the services provided through it or its use (provided that nothing in these Terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 if you are not using this Portal in trade); and
(b) in no event will NUBU be liable under contract, tort (including negligence) or otherwise under or in connection with these Terms, the Portal and/or your access to, use of, inability to use or reliance on this Portal and any information contained in or accessed through this Portal.
12.3 You acknowledge that access to this Portal is provided at no charge and accordingly the exclusions of liability and indemnity set out in these Terms are fair and reasonable.
13. Dispute resolution
13.1 For any dispute you have with NUBU, you agree to first contact us and attempt to resolve the dispute with us informally. If NUBU has not been able to resolve the dispute with you informally, we each agree to first try to resolve any claim, dispute (excluding claims for injunctive relief) arising out of or in connection with these Terms by mediation by appointing a mutually agreed mediator. If the parties cannot agree on the mediator within 14 days of a party referring a dispute to mediation, both parties will agree on a mediator appointed by the Chairperson of the Resolution Institute or the Chairperson’s nominee. Unless you and NUBU agree otherwise, the mediation will be conducted in New Zealand. Each party will bear its own costs and will divide the costs of the mediator equally. All claims must be brought in an individual’s capacity and not as a class member, unless expressly agreed to by NUBU.
14. Governing law and jurisdiction
14.1 These Portal Terms and any contractual or non-contractual matters arising out of or in connection with it shall be governed by the laws of New Zealand and the parties agree to submit to the exclusive jurisdiction of the courts of New Zealand.
15. Notices
15.1 NUBU reserves the right to determine the form and means of providing notifications to you and you agree to receive legal notices electronically if we so choose.
16. Changes to these Portal Terms
16.1 We may revise these Portal Terms from time to time without notice and the most current version will always be available on our Portal. If a revision, in our sole discretion, is material, we will notify you. By continuing to access or use the Portal after revisions become effective, you agree to be bound by the revised Portal Terms. If you do not agree to the new terms, please stop using the Portal immediately. If you have commenced any transaction prior to a change to these Portal Terms, that transaction will be effected in accordance with the Portal Terms in place at the time of the acceptance of your offer by NUBU. You are responsible for regularly reviewing these Portal Terms and your continued use of the Portal constitutes your agreement to all such amended Portal Terms.
17. Assignment
17.1 These Portal Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by NUBU without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
18. Entire agreement and severability
18.1 These Portal Terms, together with the Website Terms, Privacy Policy, and any amendments and any additional agreements you may enter into with NUBU shall constitute the entire agreement between you and NUBU concerning this Portal. If any provision of these Portal Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Portal Terms will remain in full force and effect.
19.No waiver
19.1 No waiver of any term of these Portal Terms shall be deemed a further or continuing waiver of such terms or any other term, and NUBU’s failure to assert any right or provision under these Portal Terms shall not constitute a waiver of such right or provision.
20. Feedback you provide
20.1 We value hearing from our users, and are always interested in learning about ways we can make the Portal more relevant and better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your data, NUBU does not waive any rights to use similar or related feedback previously known to NUBU or developed by its employees, or obtained from sources other than you.
20.2 Please contact us by:
(a) using the contact us facility available on our website;
(b) calling us on (NZ) 0800 4633226; or
(c) or sending us a letter addressed to NUBU, PO Box 78087, Grey Lynn, Auckland 1021.
PART B – PRODUCT TERMS OF SALE
21. Ordering Product
21.1 Trade Customers can place orders: Trade Customer Users will have the additional functionality of being able to see pricing information and place an order for Products via the Portal. The process for becoming a Trade Customer User is as follows:
(a) click through to the “Sign up for a trade account” page via the links in the Portal;
(b) you will be taken to our credit insurance providers, NCI, where you will be required to provide information in relation to your trade account, including the address of your premises and a copy of your relevant licences authorising you to legally prescribe/dispense the Products; and
(c) if your trade account is approved by NCI, NUBU will then confirm by email that you have been approved as a Trade Customer User and you will then be able to place orders for the Products via the Portal.
21.2 Ordering process: You then need to follow our payment instructions to purchase the Products you choose to buy. All payments are made and processed via invoice only. In order to place an order, you must be legally able to purchase the Product as an authorised prescriber or dispenser of medicinal cannabis in New Zealand.
21.3 How we will accept your order: After you place your order, we will send a confirmation email to you if we accept your order. Each time we accept an order from you, a separate contract is made between us.
21.4 Taking payment: By placing an order, you authorise us to invoice you for the purchase price and delivery charges displayed on this website. Please refer to our Privacy Policy for further details about how payments are processed and the associated security measures.
21.5 If we cannot accept your order or need to cancel your order: We reserve the right to not accept your order for any reason at any time or to cancel your order after it has been accepted. If we do not accept your order or cancel your order we will inform you of this and we will not charge you for any Product ordered.
21.6 Postal address: Your order will be sent to the postal address you provided when you signed up as a Trade Customer, or the most recent postal address you have provided, if you update your account details at any time. The delivery address provided by you must be the address of a premises that is licensed to dispense controlled substances. We accept no responsibility for orders that are not received as a result of an incomplete or incorrect address being provided, or where the address you provided is not a premises licenced to dispense controlled substances. These contact details will be those we will use to contact you for any Product recall or to meet any other regulatory compliance obligations we may have. You confirm that all information that you provide to us is true, accurate, complete and not misleading and that you will notify us immediately if any part of this information changes.
21.7 If you wish to cancel: It may not be possible for you to cancel or vary an order once it has been accepted by us. Please contact us as soon as possible if you wish to vary or cancel an order and we will let you know if this is possible, in our sole discretion.
21.8 Limits on orders and cancellations by us: We may, in our sole discretion, limit or cancel quantities of Products ordered/purchased per person or per order. These restrictions may include orders placed by or under the same customer account and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Where we are only able to fulfil your order in part you will be entitled to cancel such order within 24 hours of us notifying you that we cannot, or will not, fulfil your order in full and no payment will be deducted from your payment card. If you do not cancel your order, the price payable by you for that order will be reduced by the amount of the Product not supplied.
21.9 Prices and Product availability may be subject to change: While every effort is made to keep the information on this website current, Product information, prices and availability are subject to change.
21.10 Responsibility for selection and use: The Products are as described on this website – please check these descriptions carefully before placing your order. You assume ultimate responsibility for your selection of any Product.
22. Prices and how to pay
22.1 Prices exclude GST: All prices stated are in New Zealand dollars and exclude GST.
22.2 Delivery charges: Delivery charges will be indicated to you at the time of ordering, added to the purchase price before you confirm your order and payable by you at the same time as the purchase price.
22.3 How to pay: You must make payment for your order to the account and with the reference details specified on our invoice by 20th of the month following the date of the invoice (for further information, please refer to our Privacy Policy).
22.4 Authority for payment: If we fail to receive authority for your payment, or if we reasonably believe that payment will be refused, we reserve the right to reject your order.
22.5 Failed payment: In the event of a failed payment for whatever reason, you agree to compensate us in full against all reasonable costs, expenses and outgoings we incur in attempting to obtain payment from you.
22.6 Interest charge for failed payments: In addition to being compensated as noted in 22.5 above, we reserve the right to charge interest on any overdue amount calculated on a daily basis from the due date until actual payment at a rate of 10% per annum.
23. Delivery
23.1 New Zealand only: Delivery of a Product will only be made to the delivery address on your account or such other address agreed by us during the order process. We will not deliver to freight-forwarding addresses.
23.2 Delivery method: We will deliver the Products to you in such manner and form of transport that we consider appropriate. You must be available in person to sign for and accept deliveries of Products and a valid form of your ID must be sighted for an order to be delivered to you. If you are not available to sign for and accept delivery of an order, the order will be sent to your postal depot for collection and a note will be left for you at the delivery address confirming the location of that postal depot.
23.3 When we will deliver: We will aim to deliver by our target delivery times, but these are estimates only and we will not be liable for failure to deliver within these times. If we consider that the delivery of your order is likely to be delayed, we will contact you. We may delay dispatch of orders due to stock availability and you will be notified as soon as reasonably practicable if this will affect our target delivery times.
23.4 Ownership of Product: while we will most likely deliver the Products to you before you have made payment, we will retain ownership of (title to) the Product until full payment has been made.
24. Returning Products
24.1 How to tell us about problems: Please contact us if you have any complaints about the Product or questions about returns.
24.2 Returning Products: If any Product doesn’t correspond with what you have ordered, or you believe it was delivered to you in a damaged or spoiled condition, please contact us soon as possible following delivery. We may require photographic evidence and/or a sample of the damaged or spoiled Product. If we agree that any Product was incorrectly delivered, or delivered to you in a damaged or spoiled condition, then we will either refund the value of the Product, or replace that Product where replacement is possible.
24.3 Product recalls: In the event that we initiate a recall of any Product, you will provide all reasonable and timely assistance to us to enable us to comply with our regulatory obligations with respect to that Product.
These Terms were last updated in December 2023.