Terms & conditions

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.

Use of our platform is subject to the following Terms and Conditions (Terms). You agree to these Terms by acknowledging that you have read and understood them and have agreed to be bound by them when you open an account with us.

1. Rosemary Platform

1.1. We, Rosemary Technologies Pty Ltd (ACN 619 254 125), own and operate the Rosemary digital health clinic (Platform).

1.2. The Platform facilitates confidential access to digital health services, including consultations with registered specialist general practitioners (Partner Doctors) and other registered health providers, such as nurses, pharmacists and pathology providers (Partner Providers).

1.3. We do not, ourselves, provide any medical or health services. We do not employ any Partner Doctor and we do not have a financial interest in any other healthcare provider with whom you may interact through the Platform.

2. Your Account

2.1. To access the Platform, you must become a registered customer. Each customer is allowed to create a maximum of one registered customer account (Account).

2.2. All customers must be over the age of 18 years and must reside in Australia.

2.3. You must not register for an Account on behalf of anyone other than yourself.

2.4. All customers are required to create an Account password. It is your responsibility to keep your login credentials secure.

2.5. It is your responsibility to ensure the Account information you provide is up to date and complete, and that you do not omit any information that a reasonable person would consider relevant to the services you seek through Platform. It is your responsibility to advise your regular doctor of any medications Partner Doctors have prescribed to you.

2.6. If you suspect your Account has been subject to unauthorised use, you must immediately notify us and change your password. This is important so that your personal information remains secure.

2.7. We reserve the right to cancel or suspend your access to your Account without notice and at our sole discretion.

3. Digital Consultations – Partner Doctors

3.1. The Platform facilitates your access to healthcare services from Partner Doctors.

3.2. Partner Doctors are solely responsible to the healthcare services they provide to you, including compliance with standards of care, record keeping and other professional obligations and compliance with privacy law. We are not a party to the health professional-patient relationship between you and a Partner Doctor.

3.3. We do not guarantee that a digital health consultation is the appropriate course of treatment for your particular healthcare problem. Your Partner Doctor will be solely responsible for determining:

a) whether or not a digital consultation is appropriate;

b) whether or not to provide the medical and/or health services you request; and

c) what health services (if any) are required.

3.4. You should contact your customary doctor immediately if your medical condition changes or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately. You agree that if you suffer from any noticeable side-effects, you should either consult your customary doctor or contact us to facilitate a further consultation with a Partner Doctor.

3.5. Consultation requests made through the Platform will be forwarded to a Partner Doctor as soon as possible. However, due to the range of third party networks and innovative technology used for this transmission, we do not guarantee a time of arrival of any information provided by you or guarantee that such information will arrive at all.

3.6. We do not guarantee that you will be able to consult with a particular Partner Doctor, or that you will not receive a consultation with a particular Partner Doctor.

3.7. A consultation with a Partner Doctor will not necessarily result in a prescription being issued or that the Partner Doctor prescribing specific medication to you.

3.8. Any prescription issued by a Partner Doctor may be dispensed through a pharmacy of your choice or we can arrange for it to be dispensed by a Partner Pharmacist.

3.9. A printable copy of your prescription is available on request through hello@rosemaryhealth.com.au.

3.10. Information that you provide to us about yourself, your health and your current medications may be viewed and exchanged electronically by us (and our personnel), Partner Doctors and/or Partner Providers for the purpose of providing our services and any services you request through the Platform.

4. Prescriptions – Partner Pharmacy

4.1. We are not a pharmacy and do not dispense any prescription or dispense any medication.

4.2. You may, through the Platform, request our Partner Pharmacist to dispense the medication prescribed to you. If you do so, your prescription will be provided to a Partner Pharmacist through the Platform.

4.3. When you request a Partner Pharmacist to dispense a prescription to you (Order), a Partner Pharmacist will review your prescription and determine whether:

a) your prescription relates to an ongoing course of medication (Repeat Order);

b) your prescription relates to a single order of medication (Single Order); and

c) to dispense the first course of a Repeat Order (or the Single Order).

4.4. Each repeat of a prescription are dispensed entirely at the discretion of the pharmacists (Partner Pharmacist). A Partner Pharmacist may refuse to dispense any prescription for any reason. If a Partner Pharmacist refuses to dispense your prescription, you will be notified through the Platform.

4.5. If your prescription can be dispensed as a Repeat Order:

a) repeats of your prescription will be automatically dispensed in accordance with the terms and dosing recommendations of that prescription;

b) you may pause or cancel your Repeat Order at any time;

c) we will notify you when no further repeats of your prescription remain; and

d) your Repeat Order will automatically cease when you have no further repeats of your prescription.

4.6. We and/or a Partner Pharmacist may contact the healthcare provider who issued your prescription in relation to that prescription.

4.7. If your prescription is dispensed, your medication will be delivered by our delivery partners. Delivery times by our delivery partners differ, depending on your shipping address.

4.8. You are responsible for ensuring that you have appropriate arrangements in place to accept delivery of your medication. We are not responsible for the failure of our delivery partners to deliver medicines to the correct address, the method of delivery used by our delivery partners or their failure to deliver medicines within any particular timeframe.

4.9. In the event your medication appears to be damaged, wrongly dispensed or delivery is delayed, you should contact us through the Platform to seek advice or replacement medication at hello@rosemaryhealth.com.au.

4.10. Rosemary may, from time to time, enter into an agreement with a pharmaceutical company, for supply of product which may or may not include financial support for the development of disease awareness campaigns. Health care prescribers operating on the Rosemary platform are not obliged to write any prescription for any pharmaceutical product and act independently in accordance with their professional discretion. Rosemary, at all times, complies with the obligations of any applicable Laws, including the Therapeutic Goods Act 1989 (Cth) and Medicines Australia Code of Conduct, in regard to any such agreement with a pharmaceutical company.

5. Use of the Platform

5.1. You must not use the Platform for any purpose other than to access the digital health services facilitated by the Platform.

5.2. You must not upload or transmit information to the Platform 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.

5.3. 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 or platform.

5.4. 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 and/or the Platform.

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

5.6. You must communicate with our personnel, Partner Doctors and Partner Providers in a respectful manner. No abusive behaviour or foul language will be tolerated.

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

6. Your responsibilities

6.1. You agree to provide all information requested by us, Partner Doctors and Partner Providers and warrant that all information which you provide is true and fully complete.

6.2. You must inform and keep your Partner Doctor informed of any side effects or other issues arising from any treatment prescribed by that Partner Doctor through the Platform.

6.3. You agree to inform any other doctor or healthcare provider the treatment and medical advice (including any advice about medication prescribed to you) you receive from a Partner Doctor and about any medication prescribed (and/or taken) by that Partner Doctor.

6.4. If a Partner Doctor prescribes any medication, you must carefully read all information provided to you in relation to that medication (including information provided on the product packaging, patient information supplied with the medication, online material provided through the Platform (including by a Partner Pharmacist) and the manufacturer’s Consumer Medical information leaflet).

6.5. You must follow any advice provided to you by your Partner Doctor and/or Partner Pharmacist in relation to taking any medication prescribed to you.

6.6. If you do not understand any question asked in our questionnaire (on the Platform) or any advice given by a Partner Doctor and/or Partner Provider, you should seek clarification immediately

6.7. You agree you will not record video consultations unless you receive explicit written consent from the Partner Doctor

7. Refunds policy

7.1. All charges and prices as shown listed are in Australian Dollars and are inclusive of GST (if applicable) and shipping costs (if applicable).

7.2. When you request a Partner Doctor to provide medical services through the Platform, you will be required to pay a consultation fee to that Partner Doctor. Through the Platform, we collect that consultation fee on behalf of the Partner Doctor.

7.3. Digital health services provided by a Partner Doctor through the Platform are not covered under Medicare Australia, no Medicare rebate is available and bulk billing is not offered.

7.4. When you make an Order for medication through the Platform, you will be required to pay for the medication the subject of that Order.

7.5. When you make a Repeat Order:

a) except in the case of a treatment plan for acne, you will be charged for the first dispensation of the medication when you make that Order;

b) for a treatment plan for acne, we will place a hold on your credit or debit card when you request a consultation with the Partner Doctor and processed once you first request a Partner Pharmacist to dispense the medication. This hold will be reversed within seven days if your consultation is not approved by a Partner Doctor; and

c) you will be charged on each repeat dispensation of the medication when that repeat is dispensed.

7.6. There are no PBS benefits available for any prescriptions dispensed by a Partner Pharmacist through the Platform.

8. Refunds

8.1. If you request a refund, we will process that refund on behalf of the Partner Doctor and/or Partner Pharmacist.

8.2. Refunds of consultation fee payable to a Partner Doctor will only be refunded to you if the Partner Doctor determines that a digital consultation is not appropriate for your specific condition or if there is a technological failure that prevents an effective consultation between you and your Partner Doctor.

8.3. Notwithstanding clause 8.2, no refund of consultation fees paid by you to a Partner Doctor will be given if you have scheduled a video consultation with a Partner Doctor and you cancel that video consultation less than two hours prior to the scheduled consultation time.

8.4. Subject to rights that cannot be waived under Australian Consumer Law, the cost of any medication that you order from a Partner Pharmacist through the Platform can only be refunded when

a) you let us know you would like to cancel your Order and the medication has not yet been dispatched to you by that Partner Pharmacist;

b) the Partner Pharmacist is unable to dispense your Order; or

c) a product or pricing error is identified (and only to the extent that the error has caused you to be charged more than you ought to have been charged).

8.5. Due to NSW health regulations, refunds are not permitted by our Partner Pharmacists for medication once they have been dispatched.

8.6. Refunds can only be made back to the payment method and credit card used for the original charge. Refunds may take up to five working days to be processed and appear in your card statement.

9. Limitation of Liability

9.1. We make no representations or warranties, express or implied, with respect to:

a) the merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights of the Platform or any medical or health related matter; or

b) any treatment, information, advice or action relied on or followed by you;

c) any treatment, information, advice or action relied on or followed by you;

d) that the Platform will be available without interruption, error-free or free from viruses or other things that may interfere with the normal operations of your system.

9.2. To the maximum extent permitted by law, our liability will be limited to:

a) where the Australian Consumer Law applies, to providing the Platform again (or the cost of having the Platform provided); and

b) where the Australian Consumer Law does not apply, no liability.

9.3. You release us from all liability with respect to any matter concerning the health and medical services facilitated through the Platform, including information provided to you about those health and medical services.

9.4. We will not be liable for any loss or damage resulting from the transmission of data as may occur during your use of the Platform.

9.5. We will not be liable for any loss, damage, expense or claim arising from damage, loss, injury or death caused directly or indirectly by a Partner Doctor and/or Partner Provider and you release us from any liability for any claim arising from any of those circumstances.

9.6. Neither we nor any Partner Doctor nor Partner Provider are responsible for loss or damage arising due to you failing to provide true or fully complete information or failing to comply with any of your obligations under these Terms.

9.7. We will not be liable for any loss or damage which arise from your failure to inform any other healthcare provider about treatment you receive from a Partner Doctor through the Platform.

10. Privacy

10.1. When you use the Platform, you will be required to provide us with certain health and personal information. Our use and disclosure of that information is governed by our Privacy Policy which can be found here: https://www.rosemaryhealth.com.au/privacy

10.2. The Privacy Policy is incorporated by reference into these Terms.

11. General

11.1. We reserve the right to modify these Terms without notice. Your continued use of the Platform after changes are posted constitutes your acceptance of these Terms as modified.

11.2. The Platform are provided on an "as is" basis and used by you solely at your own risk. We may, at any time, withdraw, suspend or discontinue any functionality or feature of the Platform.

11.3. The Platform and the content (excluding any content uploaded by you) within the Platform are our property or the property of our suppliers and remain the property of us (or our suppliers).

11.4. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store content on the Platform (other than content uploaded by you) for any purpose other than with our prior written consent.

11.5. If any of these terms are held to be invalid or unenforceable, then the validity and enforceability of the remaining provisions will not be affected.

11.6. These Terms are governed by the laws of the State of New South Wales. Each party submits to the non-exclusive jurisdiction of courts exercising jurisdiction there in connection with all matters concerning these Terms.

12. Promotions

12.1. Where we offer a promotion to subscribers of the Platform, that promotion is provided by Rosemary Technologies Pty Ltd (ACN 619 254 125) and is subject to the terms and conditions contained in this clause.

12.2. If you want the benefit of the promotion, you will need to use the code specified in the promotion. Use of this code constitutes your acceptance of these terms and conditions.

12.3. Your ability to use the benefit of the promotion expires on the date specified in the promotion and if no date is specified, on the second anniversary of the date on which the promotion was first published.

12.4. The promotion can only be redeemed through the Platform.

12.5. The promotion must not be copied or redistributed in any way.