User Terms and Conditions

These User Terms and Conditions (“User Terms”) govern your use of our Platform. 

Through the Platform, you may be able to, among other things, do any of the following (“Digital Services”):

• access health related information and services; 
• upload information and documentation for the purposes of accessing digital health services; and
• contact RoseRx staff to obtain help navigating the Platform.

In these User Terms, when we talk about “RoseRx”, “we”, “our”, or “us”, we are referring to RoseRx Pty Ltd (ACN 666 502 049). When we talk about the “Platform” we are referring to our online platform and services that enable you to access digital health services including medical professionals and treatments. When we talk about “you” or “your”, we are referring to you, an individual user of the Platform. 

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Please read the User Terms carefully before using the Platform. If you do not agree to these User Terms, you must not use the Platform. 

Nothing in these User Terms is intended to exclude, restrict or modify any rights which you may have under law which may not be excluded, restricted or modified. 

We may modify these User Terms from time to time. If we do, we will post a note on this page or email you at the time or before we do so. If you continue to use the Platform and the Digital Services after we modify our User Terms, you will be taken to have agreed to the User Terms. Since you are bound by these User Terms in accessing and using the Platform and the Digital Services, you should review them periodically.

If you have any questions about these User Terms, please feel free to contact us at support@roserx.health

1. Medical advice

It is important that you are aware that the content on our Platform and any other communications you receive from RoseRx representatives do not constitute health advice. This is because RoseRx is an online platform that links its customers with digital health services. We do not ourselves provide health services. 

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2. Financial relationships

(a) It is also important that you are aware we work with companies in the pharmaceutical, life science, healthcare and related industries to make information regarding our clients’ and their partners’ specific products and services available to you through the Digital Services. These arrangements typically include a financial relationship between us and our client through which we are compensated for the services we provide, including making the Digital Services available to you. 

(b) We also partner and maintain a financial relationship with third parties who deliver remote healthcare services using electronic communications or other means between a healthcare provider and a patient (Telehealth Service Providers). We do not maintain any financial relationship with any individual healthcare provider who may be associated with a Telehealth Service Provider. Any telemedicine or other clinical consultations or services obtained or facilitated through our Digital Services are provided by the individual who is acting in a medical or clinical capacity (eg. doctor or nurse) or the entity they are affiliated with, and not by us. Telehealth Service Providers are responsible for notifying you of their terms and conditions and privacy policy (as appropriate). 

c) We are not compensated based on the specific clinical decisions that you or any other individual do or do not take with respect to your or their personal healthcare. 

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3. Your account

(a) To use the Platform, you will be required to sign up for a registered user account (your “Account”). You agree to these User Terms by ticking the box that states [you agree to the RoseRx User Terms and Conditions]. 

(b) You: 

• are only allowed to create one Account; 
• must be over the age of 18 years and reside in Australia;
• must not register for an Account on behalf of anyone else;
• are responsible for the confidentiality and security of your password and other credentials that you use to access your Account (“Credentials”);
• subject to clause 9(f), are responsible for any activities, acts or omissions of any third party that occur under your Credentials, whether those activities have been authorised by you or not; 
• must take reasonable precautions to ensure that only you will access your Account and that you will not share Credentials with or otherwise grant access to, or permit, access to your Account by any other person; and
• must immediately notify us if and change your Credentials if you become aware of, or suspect, any misuse or unauthorised use of your Credentials or unusual activity on your Account. This is important so that personal information remains secure. 

(c) We will not be responsible to you for, and expressly disclaim any liability for, any cost, liability, claims, loss, damages or expenses (“Loss”) arising out of or in connection with a failure by you to comply with the requirements of this clause 3 or to otherwise maintain the confidentiality or security of your Credentials and other information relating to your Account.

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4. Licence 

By signing up for an Account, we grant you a revocable, royalty-free, non-sublicensable and non-transferable licence to access and use the Platform for the purposes of receiving and using the Digital Services in accordance with these User Terms (“Permitted Purpose”). 

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5. User Data

(a) In using the Platform, you may subject to clause 6 upload documents, graphics, videos, links, information or other materials (“User Data”). 

(b) You grant to us (and our directors, employees, agents and subcontractors (our “Personnel”) a non-exclusive, sub-licensable, royalty-free, transferrable, worldwide and irrevocable licence to use your User Data for the purposes of making the Platform available, providing the Digital Services and any ancillary or similar services in future to you and other users, and for our internal reporting and other purposes. 

(c) You:

1. warrant that you have all necessary rights to upload User Data to the Platform and that our use of User Data will not infringe any third-party intellectual property rights; and
2. indemnify us and our Personnel from and against any Loss (including but not limited to our professional costs and expenses) arising out or in connection with a breach of the warranty provided in clause 5(c)(1) and any claim brought or threatened against us or our Personnel by a third party alleging that any of your User Data infringes their intellectual property rights. 

(d) It is your responsibility to ensure that the User Data you provide us is up to date and complete. If you do not understand any question asked in our questionnaire (or otherwise on the Platform), you should seek clarification immediately. It is your responsibility to advise your medical professionals of any medications that have been prescribed to you. 

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6. Your use of the Platform

(a) You are solely responsible for providing all hardware, software (including browsers) and Internet connectivity that may be required for proper use of the Platform and the Digital Services. 

(b) You may only access and use the Platform or use the Digital Services for the permitted Purpose. You must not, and you agree not to:

• access and use the Platform or use the Digital Services for an unlawful purpose;
• use the Platform to intimidate, harass, impersonate, stalk, threaten, bully or endanger anyone or distribute unsolicited commercial content, junk mail, spam or bulk content to anyone;
• use the Platform in a manner that is illegal or fraudulent or facilitates an illegal or fraudulent activity; 
• infringe any third party’s common law or statutory rights, including as to confidentiality, privacy, copyright, patent, trade mark, or other proprietary rights or rights of publicity;
• act in any way that may harm our reputation or that of associated or interested parties or do anything at all contrary to the interests of us or the Platform; 
• upload, transmit, access or download any materials which are, or communicate with anyone else in receiving the Digital Services in a way which is, harmful, discriminatory, racist, defamatory, maliciously false, obscene or is invasive to another person’s privacy; 
• upload, transmit, access or download any materials which contain any viruses or other harmful code, or otherwise compromise the security or integrity of any network or system; 
• use automated scripts or other scraping tools to collect information from the Platform; or
• attempt to breach the security or otherwise interfere with the normal functioning of the Platform or our systems, including by gaining unauthorised access to accounts or data about other users.

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7. Content and intellectual property

(a) The materials which you may have access to through your use of the Platform or the Digital Services (including text, graphics, logos, icons, sound recordings, documents, checklists and software, but excluding your User Data) (“Content”) may be subject to intellectual property rights that are owned or licensed to us or third parties. 

(b) Except where you have received prior written approval from us: 

• you must only access, use and share the Content for the Permitted Purpose; and

• you must not modify the Content or publish it outside the Platform.

(c) You must not, and you agree not to, plagiarise any of the Content or pass off any Content as your own work or content or otherwise infringe any a third party’s intellectual property rights (including any moral rights). 

(d) You must, and you agree to, always appropriately acknowledge the contribution of any author of the Content you are sharing. 

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8. Third party links, content, products and services

(a) The Platform may also contain links to websites operated by third parties (“Third Party Links”). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites. 

(b) The Platform, Content or Digital Services may incorporate third party products and services. We are not responsible for notifying you of any third party terms and conditions. However, Yyou agree to comply with any third party terms and conditions notified to you by us from time to time. 

(c) We will not be liable for any Loss suffered by you in connection with your use third party products, service, systems, application or sites interfaced with Child Aware. 

(d) We are not responsible for any Content you access through your use of the Platform that is provided by a third party (“Third Party Content”) and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.

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9. Platform provided ‘as is’

(a) The Platform is made available to you strictly on an ‘as is’ and ‘as available’ basis. 

(b) We do not guarantee, and make no warranties, to the extent permitted by law, that:

• the Platform will be free from errors or defects or other vulnerabilities;

• the Platform will be available, function as intended, be uninterrupted or that any or all of its functionalities will be accessible or available at all times; 
• the Content, or the facilities that make the Platform available, will not cause damage or are free from any computer virus or any other defects or errors; 
• the Platform is effective or the results of using the Platform will meet your needs; or

(c) any Content is complete, accurate, reliable, suitable or available for any purpose.

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10. Confidential Information

(a) You agree to keep any of our Confidential Information confidential, not use or disclose it other than as expressly permitted by us, and to take all steps as may be reasonably necessary to safeguard the confidentiality of our Confidential Information. 

(b) For the purpose of clause 10(a), Confidential Information means any information regarding our business or affairs, customers, employees, contractors, or other persons doing business with us, which is by its nature confidential, or which is designated as confidential by us, or which you know, or ought to know, is confidential.

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11. Privacy

(a) You acknowledge and agree, RoseRx will collect, use, disclose, store or otherwise handle your personal information in accordance with our privacy policy located at (“Privacy Policy”), and you have read and understood the Privacy Policy.

(b) If you access personal information when accessing the Platform or using the Digital Services, you may only use this information as necessary to help us provide the Digital Services or receive them and in accordance with Privacy Policy. 

(c) If you provide any personal information about a third party, you must obtain any consent from such third party as required by law and ensure such third party has read this clause and the Privacy Policy, except where informing that third party would involve a risk for your life, health or safety or that of another individual.

(d) You must ensure that your User Data does not include any government identification numbers.

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12. Warranties

(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in these User Terms are excluded. 

(b) Where any law implies a condition, warranty or guarantee into these User Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, our liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to the supply of the Digital Services again.

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13. Limitation of liability

(a) To the maximum extent permitted by law, we exclude all liability whatsoever to you for any Loss, whether in contract, tort (including negligence), statute or otherwise, arising out of the Platform, Content or Digital Services,

(b) To the maximum extent permitted by law, under no circumstances will we be liable for any Loss suffered or incurred by you which does not arise naturally (that is, according to the usual course of things), from our breach of these User Terms. Such losses include but are not limited to incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with your access to and use of the Platform. 

(c) Our liability to you for Loss of any kind arising out of the Platform, Content or Digital Services will be reduced or limited to the extent (if any) it was caused or contributed by you or any other matter outside of our reasonable control.

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14. Suspension and Cancellation

(a) You can cancel your Account at any time by using the functionality provided on the Platform.

(b) To the extent permitted by law, we reserve the right to suspend or limit your access to the Platform and the Digital Services, suspend or cancel your Account and terminate your access to and use of (in whole or part) the Platform and the Digital Services at any time with notice, as we consider reasonable, including if you breach any provision of the User Terms.  

(c) In the event of the cancellation of your Account in accordance with these User Terms, your access to the Platform, the Digital Services and your Account will cease.  

(d) Cancellation of your account in accordance with these User Terms will not affect any rights accruing to any party to the date of cancellation, or any obligation performed to the date of cancellation, or any obligation which expressly or impliedly survives cancellation of your Account.

(e) If you think your Account has been cancelled by mistake, please email support@roserx.health. Both us and you will use all reasonable efforts to resolve the issue in good faith. 

(f) You acknowledge your access to the Platform may be temporarily suspended due to RoseRx performing maintenance, improvements or upgrades to the Platform, or otherwise suspending the Platform to safeguard the integrity of the Platform.

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15. Other

(a) If a provision of these User Terms is void, unenforceable or illegal in a jurisdiction, it is severed from these User Terms for the purposes of enforcement in that jurisdiction. The remainder of these User Terms has full force and effect. 

(b) These User Terms are governed by the laws of New South Wales, Australia. Both you and we irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia, and courts of appeal from them, for determining any dispute concerning these User Terms. 

(c) A provision of, or a right created under, these User Terms may not be waived except in writing executed by the party granting the waiver. A failure by us or you to insist on strict performance of any of the terms of these User Terms is not to be deemed a waiver of any subsequent breach or default of the terms of these User Terms. 

(d) Nothing in these User Terms or the relationship between you and us constitutes a partnership, agency or other legal relationship between you and us.

(e) The rights granted to you under these User Terms are personal to you. You must not assign, novate or otherwise transfer your rights or liabilities under these User Terms without our prior written consent.

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