Terms and Conditions

MEDPACK TECHNOLOGIES PTY LTD

Medical emergency: If you have a medical emergency please stop now and contact local emergency services. If you are in Australia dial 000. If you are overseas, and don’t know who to call, we recommend you contact the Australian Government’s 24-hour Consular Emergency Centre on +61 2 6261 3305.

This website (“the Website”) is owned and operated by Medpack Technologies PTY LTD. (A.C.N. 619 254 125) (“Rosemary”).  Rosemary maintains the site as a service to its visitors, subject to the following terms and conditions concerning the use of the site. When you use the site, you accept the following Terms and Conditions (“the terms”).  Rosemary reserves the right to modify content on the site, and the terms, periodically without prior notice.


1. About Rosemary 

In this policy, when we say: 


2. About our services

Rosemary makes no warranties, whether expressed or implied, as to the content of any medical consultation conducted through our service. You and your Partner Doctor or Partner Practitioner are solely responsible for all information and/or communication sent during a consultation or other communication. Your Partner Doctor or Partner Practitioner will keep a record of their consultation with you and it is their responsibility to hold and maintain your records as required by law.  Rosemary may hold copies of notes made by your Partner Doctor or Partner Practitioner.

Rosemary does not guarantee that an online consultation is the appropriate course of treatment for your particular health care problem. You agree to contact your own doctor immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately.

Partner Doctors provide medical services for specific medical conditions only. The services are offered on an "as is" basis and used by the patient solely at his or her own risk.  Rosemary may, among other things withdraw, suspend or discontinue any functionality or feature of its services.

3. Your account

Rosemary requires that its agreements be made with persons who are qualified to contract. As a patient you must be over the age of eighteen (18) years. In the case of a patient being under the age of eighteen (18) years, a parent or guardian must accept this agreement and must be present at all consultations. You agree that all information that you provide to our doctors will be true and complete to the best of your knowledge and that you will not purposefully omit to provide information that could reasonably be judged to be potentially relevant to Partner Doctors in providing the service. You should not register or complete questionnaires on behalf of anyone other than yourself. 

When you register to obtain a product or service on the site, you accept the terms. Your use of any such product or service offered on the site is governed by these terms. Except as provided in the terms, Rosemary does not warrant that any product descriptions or content contained within the site is accurate, current, reliable, complete, or error-free.

As part of your registration you are required to provide us with certain personally identifiable information. It is your responsibility to update this information so our records are current, complete and accurate.

Rosemary reserves the right to cancel your registration without notice and at its sole discretion.

You agree that if when creating your Rosemary online account, you provide an email address, you consent for us to contact you by email if and when the need arises.  

4. Your conduct

You must not use the website for any unauthorised purpose. Unauthorised purposes include using the website for commercial purposes such as to gain a competitive advantage over us, using the website in anyway that is harmful or likely to offend others.

You must not use the website to upload or transmit work onto the website that you do not have rights to, contains personal information (as defined in the Privacy Act 1988) about another person, is likely to be offensive, is misleading or deceptive, or contains financial, legal or other professional advice.

You must not, and must reasonably prohibit third parties from using automated or large scale processes or methods (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for obtaining, appropriating, using, copying, distributing, reconfiguring, republishing or repacking  the data contained on our website.

You must not, and you must reasonably prohibit third parties from, obtaining or attempting to obtain information about the systems and software used by the website in order to discover technical or commercial information about the website or the services it offers.

You must not do anything that could damage or interfere with the operation of the website.  


5. Your responsibilities

It is your responsibility to inform your existing doctor of any medicines your Partner Doctor prescribes for you.

You agree that any medicine a Partner doctor prescribes will be solely for your own personal use and that you will not allow any other person to take the medicine.

You agree that before taking any medicine that a Partner Doctor has prescribed you will read all the information that a Partner Doctor has provided you with either online or in printed form, you will read the manufacturer’s Consumer Medical Information (CMI) leaflet that accompanies the medicine and you will follow any advice that the Partner Practitioner provides you with.

You agree that by requesting treatment you formally give your informed consent for a Partner Doctor to prescribe that medicine and that you have read the information provided on the Rosemary website about possible side-effects, the effectiveness of the medicine you are requesting and any alternative treatments.

You agree that you will communicate with the Rosemary medical and support team in a respectful manner. No abusive behaviour or foul language will be tolerated.

You agree that you will not share your Rosemary username and password with anyone. You acknowledge that you will take all reasonable steps to ensure that a third party does not gain access to your account.

You agree that you will take all reasonable steps to ensure that any device that you use to set up or access your Rosemary account is suitably protected from potential hazards by firewalls, anti-virus software and other such security applications.

Rosemary reserves the right to change these terms and conditions at any time by posting changes online. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the website and the entire Rosemary service after changes are posted constitutes your acceptance of these terms and conditions as modified by the posted changes.


6. About our charges

Rosemary may charge patients a consultation fee for its services. This fee is charged at the time a checkout is completed and will be refunded if the doctor declines the request, or if there is a technological failure that prevents an effective consultation between patient and doctor. Technological failure is assessed and logged by the doctor.

All charges and prices as shown on the website are in Australian Dollars and inclusive of GST where applicable.

Based on your preferred treatment option, Rosemary will place a hold on your card for the anticipated cost of the first charge of your subscription. The hold is not a charge and will reverse in 7 days if your consultation is not approved by your doctor. If your doctor consultation is approved for treatment (and the decision to do so rest solely with your doctor), Rosemary provides several subscription options, each being billed and shipped once every few months. You will be charged for your treatment plan when doctor’s approval is granted. All subsequent charges will occur at the time of dispense, once every few months until your treatment is complete, or a follow-up doctor consultation is scheduled.

7. Subscriptions delivery

After your doctor approves the treatment and issues a prescription, our partner pharmacy will dispense your medication. Your medication will be delivered by our delivery partners. Delivery times by our delivery partners differ, depending on your shipping address.

You can also fulfil your script through a pharmacy of your choice, if you wish to do so please contact us at hello@rosemaryhealth.com.au. In cases where you prefer to use a pharmacy that is not partnered with Rosemary, Rosemary will not be able to facilitate the subscription and payment process.

8. Refunds policy

Subject to rights that cannot be waived under Australian Consumer Law, the product price can only be refunded when a) you let us know you would like to cancel your product order and goods have not yet been dispatched by our partner pharmacy b) our partner pharmacy cannot fulfil your order due to lack of stock c) a product or pricing error is identified. We can only refund back to the payment method and card used for the original charge.

Rosemary does not take refunds on any of our products once they have been dispatched. Due to State Health regulations, general medicines and prescriptions including any preparation that is taken orally cannot be returned or refunded. This is because once the product has left the pharmacy, the storage conditions of the product cannot be guaranteed and also it is possible the product could be tampered with. Refunds, if applicable, will only be made using the online payment gateway to the card originally used for payment. Refunds may take up to five working days to appear on a card statement.


9. Your content

In these terms of use, 'your content' means material that you submit to our website.  You grant to us a worldwide, irrevocable, non-exclusive, royalty free licence to use, reproduce, adapt, publish, translate and distribute your content uploaded to our website. You also grant us the right to sub-license these rights and the right to bring an action for infringement of these rights.

You warrant and represent that your content will comply with these terms of use.  Your content must not be illegal or unlawful, must not infringe any third party's legal rights and must not be capable of giving rise to legal action whether against you or us or a third party.  You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website and we will store and maintain records as required by law.

Notwithstanding our rights under these terms of use in relation to your content, we do not undertake to monitor the submission of content uploaded to, or the publication of such content on, our website. This clause is intended to disclaim editorial responsibility for content.


10. Privacy Policy

Rosemary’s Privacy Policy is incorporated by reference into these Terms and Conditions.  By using the website, you acknowledge the Privacy policy.  The Privacy Policy can be found here

11. Your data

Rosemary stores data online and uses Secure Sockets Layer (SSL) to provide users secure and private access. As part of the terms you agree to your information being stored in this location and accessed in this way. To facilitate your effective treatment, we will supply your treating doctor and associated health professionals with the information we have on record about you. Furthermore, as part of the terms you consent for connected third parties to keep information you share on file.

Rosemary has a legal obligation to protect all patient confidential data. Rosemary is not allowed to share patient confidential data with third parties, including other doctors, who are unconnected to the Rosemary service without your explicit consent.

To provide the Rosemary service to patients it is necessary that both doctors and non-medical staff working with Rosemary have access to patient medical records and patient confidential data. It is also necessary that for the purpose of maintaining the Rosemary IT systems to provide access to patient data to Rosemary IT contractors, for the purpose of taking online card payments, and to our pharmacy partners, for the purpose of dispensing the medicine.

For the purpose of financial audit Rosemary is required to divulge very limited patient information to Rosemary financial auditors and wherever possible information used for the purpose of financial audit is anonymised. All access to patient information is kept to the minimum required to allow the safe and effective delivery of Rosemary’s services. You have a legal right to obtain any information that we hold about you.

The online nature of the Rosemary service necessarily relies upon using electronic forms of communication and post. There are inherent vulnerabilities in using such forms of communication and Rosemary is therefore unable to give a guarantee that a third party unrelated to the Rosemary service will not intercept communications. Because we respect your right to privacy, we have developed a Privacy Policy to inform you about our privacy practices. You can view our Privacy Policy here.

12. Liability and warranties

To the fullest extent permitted by applicable law, under no circumstances will Rosemary or a Partner Doctor be liable for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of emotional well-being including, but not limited to, any embarrassment caused (b) loss of data; (c) loss of revenue or anticipated profits; (d) loss of business; (e) loss of opportunity; (f) loss of goodwill or injury to reputation; (g) losses suffered by third parties; or (h) any indirect, consequential, special or exemplary damages arising from the use of the Rosemary service regardless of the form of action. Nothing in this clause is intended to exclude or limit Rosemary's liability for death or personal injury caused by its negligence or fraud.

You agree that to the fullest extent permitted by applicable law, Rosemary makes no representations or warranties with respect to any treatment, information, advice or action relied on or followed by any person using the Rosemary service.

Rosemary does not warrant that the website or this service in general will be either available without interruption or error-free or that the website, server, hardware and software that support the Rosemary service are free from viruses or something that may interfere with the normal operations of your systems. Rosemary will not be liable for any loss or damage resulting from the transmission of data as may occur during communications with Rosemary.

To the fullest extent permitted by applicable law, Rosemary disclaims any liability resulting from the provision of services by third party providers. Liability shall rest with the appropriate third party provider and shall not under any circumstance be deemed to rest with Rosemary. Rosemary recommends that you consult the Terms & Conditions of any third part website before obtaining their products or services.

Except as expressly stated in an agreement between you and Rosemary, all content, services, products and software provided on this website are provided "As is" without warranty of any kind, either expressed or implied. Rosemary and its suppliers and licensors disclaim all warranties, express or implied including without limitation, those of merchantability fitness for a particular purpose and non infringement. You are solely responsible for the appropriateness of this site, its content and services offered by Rosemary on the site for your intend application and use. Rosemary does not warrant that the site, its content, or the products and services it offers on the site meet your requirements. Subject to the terms of any agreement between you and Rosemary, its suppliers and licensors shall not be liable for any direct, indirect, special, consequential, incidental, or punitive damages, Rosemary, its suppliers or licensors have been advised of the possibility of such damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitations of certain damages, If these laws applied to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.


13. Indemnity

In consideration of Rosemary (which expression shall be taken to include Rosemary’s servants, agents, officers and directors, successors or assigns) agreeing to permit you to use the site and ancillary services:

To the fullest extent permitted by applicable law, You agree to release Rosemary from all claims which you have, now or later against Rosemary, whether for: personal injury (including death and disability) or otherwise, and whether occasioned by:

You agree to indemnify and will at all times in the future indemnify Rosemary against all proceedings, actions, claims or demands made by any person for: personal injury (including death and disability) or otherwise, and whether occasioned by:


14. Intellectual property

The site and the content within the site are the property of Rosemary or its suppliers and are protected by laws relating to intellectual property, including copyright laws, and international treaty provisions. The compilation, organisation and display of the content as well as all software and inventions used on and in connection with the site are the exclusive property of Rosemary.  Rosemary reserves all rights in the site and its content not specifically granted in any agreements with Rosemary or in the terms.

You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store content for any purpose other than with the prior written consent of Rosemary.


15. Enforceability

This Terms of Use, together with any Rosemary rules, privacy or policies referred to herein, represents the complete agreement between you and Rosemary concerning the subject matter hereof, and it replaces all prior oral or written communications concerning such subject matter.

If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable by reasons of the laws of any state or country in which these terms and conditions are intended to be effective, then to the extent and within the jurisdiction which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from the agreement and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

The above terms and conditions shall be governed by and construed in accordance with New South Wales law and you irrevocably submit to the exclusive jurisdiction of the New South Wales Courts.

16. We're here to help. Get in touch. 

Please contact our team if you have any further questions:  

Email: hello@rosemaryhealth.com.au

Online: www.rosemaryhealth.com.au