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Terms & Conditions
About us and these Terms
- Rowie Health (trading under Florienne Women’s Health Pty Ltd (ABN 55 685 120 709)) (we, us or our) provides an online telehealth clinic focusing on women’s health issues, and operates a website and/or other platforms through which those services are provided (Platform). We contract with various health practitioners as independent contractors, including medical practitioners, dietitians and psychologists, to enable the delivery of telehealth services.
- Collectively, our telehealth services and the Platform are ‘the Services’.
- Users of the Services (Users) can engage with our health practitioners through the Platform.
- Please read through the following terms of use (Terms). The Terms will form an agreement between you and us which will govern your use of the Services.
- Our Privacy Policy forms part of these Terms. Our Privacy Policy is found here: https://rowiehealth.com.au/privacy-policy/, and we will provide you with a copy of our Privacy Policy on request.
- By agreeing to these Terms below, or by otherwise accessing and using the Services after these Terms have been made available to you, you acknowledge and confirm that you have read and understood these Terms, and you agree to comply with these Terms.
- We are not an emergency or crisis service, and we are not equipped to deal with medical or other health emergencies. If you require urgent medical attention, you must call 000 or immediately attend the emergency department of your nearest hospital.
- All of our contractor health practitioners:
- hold all qualifications, training and experience necessary to competently provide the Services;
- are appropriately registered with the relevant regulatory authority, including registration with the Australian Health Practitioner Regulation Agency (AHPRA) where applicable, or, where AHPRA registration is not required for the relevant profession, with the applicable professional or statutory regulatory body in the relevant jurisdiction; and
- comply with all applicable professional standards, codes, guidelines and registration requirements imposed by the relevant regulatory authority.
- If you disagree with any of these Terms, please do not use the Services.
Account
- Users will be authorised to use the Platform only after registering for an account (Account), and the Platform may only be accessed by Users with a valid Account.
- You acknowledge and agree that:
- registration for an Account may also be subject to further eligibility criteria published by us (including via the Platform), from time to time;
- we reserve the right to accept or reject any person’s application for Account registration in our absolute discretion;
- only one Account may be registered per person;
- we may terminate or suspend your Account at any time if we determine in our absolute discretion that: you have breached these Terms; or this is necessary to protect patient safety or comply with the law; or we suspect your Account has been compromised or there are other security or cybersecurity risks associated with it; or this is necessary to protect the integrity or security or operation of the Platform; or we suspect the Account is being used for unlawful purposes; or this is necessary for any other legitimate business or operational reasons. Suspension of your Account will cease in our absolute discretion when we have determined that the relevant issue leading to the suspension has resolved, or if we have terminated the Account;
- you may request termination of your Account at any time by written notice to us; and
- upon termination of your Account, your access to the Platform will cease. However, we will retain your personal information and health information in accordance with applicable laws, after which time we will take steps to securely destroy the information or to ensure that the information is permanently de-identified. The minimum required retention period for health information under the Health Records Act 2001 (Vic) is usually 7 years from the date of last service for adults, or for health information collected from a child it must be retained until they are 25 years of age.
- If you submit an application to register an Account on behalf of another person (including any child or other person for whom you have responsibility), you warrant that you are authorised, or have the authority and consent of that person, to bind them to these Terms, and you warrant that you are authorised to consent on behalf of each such person, or have each such person’s consent, to share their personal information via the Platform for this purpose.
- Once registered for an Account, you agree to the following terms:
- you must provide valid contact details at the time of your application for an Account, and we may use those details to contact you regarding the administration of your Account (including for security and identity verification purposes);
- if any of the details you provided when you registered your Account change, you must promptly update your Account details using the Account settings provided in the Platform, or by otherwise contacting us using the contact details on our website;
- you are responsible for the security of your Account details and password, and you must not provide your Account details or password to any other person; and
- you must notify us immediately if you suspect or become aware of any unauthorised access to your Account or if your Account details or password have become compromised.
Intellectual property
- Unless expressly stated otherwise, we are the sole owner of all the copyright, trade marks, trade names, patents and other intellectual property rights created, developed, subsisting or used in or in connection with the Services, including any clinical resources, educational content, articles and diagrams, whether or not you contribute to such material.
- You acknowledge and agree that any feedback, comments, suggestions, ideas, reviews or other information you provide to us in relation to the Services or the Platform (Feedback) will be solely owned by us. We may use, reproduce, modify, adapt, publish or otherwise deal with the Feedback for any lawful purpose, without restriction and without obligation to compensate you. You warrant that any Feedback provided does not infringe the rights of any third party and is not unlawful, misleading or defamatory.
Limited licence
- We grant you a limited, revocable, and non-exclusive licence to access and use the Services (Limited Licence) for the purposes of seeking and receiving health services from us. You must not access or use the Services for any other purpose, including commercial purposes. The rights granted to you by the Limited Licence are personal, and are not transferrable. Further, except to the extent as set out in this clause, or as required by law, the Services and any other intellectual property which we own or are licensed to use, including our branding and logo, must not be accessed, used, republished, reproduced, copied, sold, modified, or otherwise exploited (in full or in part), without our express prior written consent.
Use of the Services
- You acknowledge and agree that:
- you must only access the Services while located in Australia;
- you must provide true and correct responses to any questions or questionnaires we provide you, and during any consultations we have with you, in connection with the
- if you provide false or misleading responses to us in connection with the Services, this may affect your assessment and treatment outcomes and/or may result in injury and loss to you;
- if you seek or use the Services for general advice rather than a specific health condition or issue, such Services must not be used for the specific or sole treatment of any particular health condition or issue, and such Services must not be used as a substitute for assessment, diagnosis and treatment by an appropriate health practitioner in respect of any specific health condition or issue you may have;
- you are responsible for obtaining appropriate professional medical advice in relation to your health, should you have any concerns regarding your health, whether during or after your use of the Services;
- if you have been referred for the Services by a medical practitioner or other health practitioner, you are responsible for attending any follow up appointments with this practitioner and adhering to their advice as they have directed;
- there are limitations to health services delivered via telehealth, for example, where it may be necessary for the patient and practitioner to be in each other’s physical presence for provision of health service. If, because of the limits of technology, you are advised to seek alternative consultation arrangements (e.g., a face-to-face consultation), you are responsible for arranging and attending such consultation;
- our health practitioners may refer you to another health practitioner or other third party service, where in their clinical judgment such referral is appropriate for the continuation of your care;
- our health practitioners can only provide Services within their scope of practice and functionality of the Platform (for example, no emergency medicine can be provided, and practitioners cannot prescribe medications outside of their authorisation under law or scope of practice);
- the Services do not include provision of backdated medical certificates, bail hearing medical certificates, or other certificates or forms for court or other legal proceedings;
- we are not an emergency or crisis service, and we are not equipped to deal with medical or other health emergencies. If you require urgent medical attention, you must call 000 or immediately attend the emergency department of your nearest hospital; and
- we do not warrant or guarantee that the Services will provide you with an improvement or desired outcome in respect of any issue or condition for which you have sought the Services.
- You must not make any part of the Services and information provided through the Services available as part of another application or website or system in any manner without our express written consent.
- You must not use any device, application, software, item or equipment, or take any action, which does or may affect the operation of the Services.
- We may provide links to or information from third party applications or websites through the Platform and other Services we provide (Third Party Information). We do not endorse, and we are in no way responsible nor liable for the content of any Third Party Information. Further, we do not claim that any Third Party Information is accurate. You are responsible for assessing the relevance and accuracy of the Third Party Information. Linked third party applications or websites may have their own terms and conditions of use, and you should familiarise yourself with those terms and conditions when using such third party applications or websites.
Age requirements for use of the Services
- You must be at least 18 years of age to access the Services independently.
- Services for persons under the age of 18 (children or child) must be attended by a parent, guardian, or other authorised representative, unless otherwise permitted or required by law.
- If you attend a telehealth appointment with a child in the capacity of their parent, guardian, or other authorised representative, you warrant that you:
- are the parent, guardian, or other authorised representative of the child (or are otherwise authorised to consent);
- consent to the provision of the Services to the child; and
- consent to the collection, use and disclosure of the child’s personal information in accordance with our Privacy Policy.
- The parent, guardian, or other authorised representative of the child receiving Services must be present for all of the telehealth consultation with the child, unless otherwise approved by the attending health practitioner or required by law.
- We may take reasonable steps to verify your age, and if applicable that you are a child’s parent, guardian, or other authorised representative. This may include us requesting copies or to sight information or documents such as:
- government-issued identification; or
- a written or electronic declaration or documentation confirming your relationship to the child.
- Any information we collect for such age or relationship to child verification purposes will be used only to confirm identity, age or authority, will be handled in accordance with our Privacy Policy.
- If we are unable to reasonably verify your age, or if applicable that you are a child’s parent, guardian, or other authorised representative, we may in our discretion refuse to allow you and/or your child access to the Services.
Bookings, Fees and Cancellations
- The terms used in the clauses under this ‘Bookings, Fees and Cancellations’ heading have the same meaning as those terms in A New Tax System (Goods and Services) Act 1999 (Cth) (GST Act).
- If GST is payable on any supply made by us when delivering the Services to you, you must pay us an additional amount equal to the GST payable on the supply, subject to us providing you with a valid tax invoice in respect of the supply in accordance with the GST Act, which will set out the amount of the GST payable.
- You agree to pay the fees applicable to your Services in accordance with these Terms and the applicable fees/fee schedule published by us or made available to you from time to time, including via the Platform. This will include details of any applicable Medicare benefits and any gap payment in addition to the Medicare benefit payable (see discussion of Medicare benefits below). We reserve the right to change the applicable fees/fee schedule from time to time, and any such changes will be published by us or made available to you from time to time, including via the Platform.
- You must pay fees applicable to your Services by point of sale transaction (e.g., by credit card or debit card), or by another merchant method approved by us.
- If a payment for Services is unsuccessful (for example, due to insufficient funds, an expired payment card, or incorrect payment details):
- we may re-attempt to process the payment using the same payment method you provided;
- we will notify you if a payment fails and ask you to update your payment details within a reasonable time;
- if payment is not received, we may suspend or limit access to further Services until the outstanding amount is paid;
- our decision not to take immediate action following a failed payment does not waive our right to recover the amount owed at a later time; and
- if you are experiencing financial difficulty, please contact us as soon as possible so we can discuss available options.
- If any fees owed by you are outstanding after 14 days from the due date for payment, you must, on demand by us, pay simple interest on a daily basis on these overdue amounts for the days post the due date for payment, at the rate for the time being fixed under the Penalty Interest Rates Act 1983 (Vic). We reserve the right to cancel or postpone upcoming appointments where payment remains overdue.
- We may, at our discretion, accept or reject a booking request for Services.
- We will communicate with you about your appointments for Services. This includes providing you with SMS and/or email reminders for your appointments.
- All appointment cancellations must be made no later than 24 hours prior to your scheduled appointment time.
- To the extent permitted by law, if you cancel your appointment less than 24 hours prior to your scheduled appointment time, in our discretion you will be required to pay 50% of your total appointment cost as a cancellation fee, and we will issue you an invoice for such purposes. You agree that payment under this clause is not intended to be, and will not be, punitive, and will compensate us for our genuine and reasonable losses resulting from such cancellation.
- ‘No show’: To the extent permitted by law, if you have not notified us of any cancellation of your appointment, our health practitioner attends your consultation at your scheduled appointment time, and you have not attended the consultation within 10 minutes of the appointment time commencing, then in our discretion you will be required to pay 100% of your total appointment cost as a cancellation fee, and we will issue you an invoice for such purposes. You agree that payment under this clause is not intended to be, and will not be, punitive, and will compensate us for our genuine and reasonable losses resulting from such non-attendance.
- You acknowledge and agree that the Services you receive may not be eligible for Medicare benefits, and in such cases you will be responsible for payment of the applicable fees (subject to any private health insurance benefits you are eligible for). Medicare benefits generally only apply where a patient has seen a practitioner in person in the preceding 12 months, which will not be applicable if you are solely engaging with us through telehealth services. However, there are some exceptions to this rule, including for certain sexual and reproductive health and chronic disease management Medicare items. We will advise you, including via the Platform, if any Services may be eligible for Medicare benefits.
- If you have private health insurance, you are responsible for liaising directly with your private health insurer to determine if you are eligible for private health insurance benefits in respect of the Services you receive.
- If you wish to pay for any Services made available through the Platform, you may be asked to supply certain information relevant to your payment including but not limited to, your credit, debit or other payment card number, the expiration date and card security code, your billing address, and your email address. You warrant that you have the legal right to use any such payment card or other payment method in connection with any payment for Services, and that the information you supply to us is true and correct.
- We may employ the use of third-party providers (see these Terms below under the ‘Third-party software and systems’ heading) for the purpose of facilitating payment for the Services. By submitting your information for the purposes of paying for your Services, you consent to us providing the information to these third parties subject to our Privacy Policy.
- To the extent permitted by law (including the Australian Consumer Law), refunds for any Services will be at our discretion.
- Without limitation, you will not be eligible for a refund for any Services where a health practitioner exercises their clinical judgement and does not agree to provide a particular prescription, referral or other item sought by you.
Australian Consumer Law
- Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, you are entitled:
- to cancel your service contract (i.e., the Services) with us; and
- to a refund for the unused portion (i.e., get a refund for the parts of the Services not already consumed), or to compensation for its reduced value.
- You are also entitled to be compensated for any other reasonably foreseeable loss or damage where there is a major failure.
- A ‘major failure’ includes where a reasonable consumer would not have acquired the Services if they had known the nature and extent of the problem, or the Services are substantially unfit for their normal purpose and cannot easily be made fit for such a purpose, within a reasonable time.
- Where there is not a major failure with the Services, our liability for breach of any implied warranty or condition that cannot be excluded under the Australian Consumer Law is limited, at our option to:
- the re-supply of the relevant Services; or
- the payment of the cost of re-supply of the relevant Services.
- If the failure does not amount to a major failure, you are entitled to have problems with the Services rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
- To claim against us for breach of a consumer guarantee under the Australian Consumer Law, or under an express warranty provided by us, you must provide us with written notice with documentary evidence substantiating the claim. Where we have assessed that you have a valid claim under the Australian Consumer Law, we will contact you and arrange a remedy.
Third-party software and systems
- You acknowledge that the Platform uses and integrates with software and systems provided by third-parties (third-party providers) to enable functionality such as:
- booking and managing appointments;
- conducting video and other telehealth consultations;
- maintaining clinical records;
- billing, payments and Medicare or health insurance claims;
- communicating with you about your care;
- AI-assisted note-taking, to help our health practitioners prepare clinical notes during your consultations; and
- secure cloud storage of information in Australia; and
- other practice management functions.
- You acknowledge and agree that:
- your personal information may be provided to these third-party providers in accordance with our Privacy Policy and to the limited extent necessary for third-party providers to provide such functionality, and for us to provide Services to you; and
- you should familiarise yourself with the terms and conditions of use and privacy policies of these third-party vendors.
User Data
- As a User of the Platform, you may be able to enter, upload or otherwise provide information through the Platform (User Data).
- You warrant, in respect of any User Data that you provide through the Platform, that you have the right to provide such User Data, and the provision or use of such User Data does not breach these Terms, applicable privacy laws or other applicable laws, or the intellectual property rights of any third party, including that you have obtained all necessary consents in accordance with applicable privacy laws.
- You agree that you are solely responsible for all User Data that you provide through the Platform.
- We do not endorse any User Data, nor do we claim that any User Data is accurate. We are in no way responsible nor liable for User Data.
- We are not responsible for providing any supervision or monitoring of User Data available through the Platform. However, we reserve the right to restrict or remove access to any User Data at our absolute discretion, including but not limited to circumstances in which the User Data is in breach of these Terms.
Limitation of liability and indemnity
- To the extent permitted by law, we are not responsible for and you release us from all liability (including in negligence) in respect of any losses, damages, injury to property or person, and costs incurred or suffered directly or indirectly in connection with:
- any failure by you to follow any advice, recommendation or referral we or our health practitioners provide as part of the Services; and
- the provision of services by or any other conduct of third party health practitioners or other health service providers;
- any User Data that you provide through the Platform; and
- any breach by you of any applicable law or the rights of a third party (including any third party intellectual property rights).
- You acknowledge that: (a) we contract with various health practitioners as independent contractors who will deliver telehealth services to you as part of the Services; (b) we provide these health practitioners with access to the Platform and administrative support to enable them to deliver their telehealth services to you; and (c) these health practitioners are solely responsible for the assessment, treatment, advice and other services they provide. To the extent permitted by law, we are not responsible for and you release us from all liability (including in negligence) in respect of any losses, damages, injury to property or person, and costs incurred or suffered directly or indirectly in connection with any health services or advice provided by such health practitioners. Further, we do not make any representations about the suitability of any advice provided, or not provided, by such health practitioners.
- We are not responsible for the deletion or otherwise unavailability of the information or functionality contained in or accessed through the Platform or other unavailability of the Services due to circumstances beyond our reasonable control, including any acts of God, natural disasters, government action or interference, labour shortages, pandemic or epidemic, power or other utility outages, required repairs or maintenance of the Services due to technology failures or safety or cybersecurity concerns, requirements under law, and any other acts, events, omissions or accidents beyond our reasonable control.
- To the extent permitted by law, you agree to indemnify us and hold us harmless against any claims, losses, damages, injury to property or person, and costs incurred or suffered directly or indirectly in connection with any breach by you of these Terms.
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Privacy
- We will handle your personal information in accordance with:
- applicable privacy and health records laws, including the Privacy Act 1988 (Cth) (the Privacy Act) and its Australian Privacy Principles (APPs), and the Health Records Act 2001 (Vic) and its Health Privacy Principles (HPPs); and
- our Privacy Policy: https://rowiehealth.com.au/privacy-policy/
- You agree to comply with all applicable privacy laws when collecting and handling any personal information in connection with the Services.
- In respect of any person/s other than you whose personal information you access or share using the Platform (including any child or other person for whom you have responsibility), you warrant that you have obtained all necessary consents to access or share this information under applicable privacy laws and this is otherwise in accordance with applicable privacy laws.
- You must not share with any third party, copy or export any other person’s personal information externally from the Platform unless this is in accordance with applicable privacy laws, and you have obtained all necessary consents from each such person.
- We keep your personal information for the time periods required by law. When your personal information is no longer required (and in the case of your health information, the information has been retained for the required periods under the HPPs or otherwise under law) we will take steps to securely destroy the information or to ensure that the information is permanently de-identified. The minimum required retention period for health information under the HPPs is usually 7 years from the date of last service for adults, or for health information collected from a child it must be retained until they are 25 years of age.
- By agreeing to these Terms, you agree to us and our health practitioner staff collecting, recording in your health record held by us, and accessing, your personal information to the extent necessary to provide you with the Services.
- You also agree to our health practitioner staff using the Heidi AI-assisted note-taking tool, to help prepare clinical notes during your consultations (see the ‘Halaxy and Heidi’ section in our Privacy Policy). You may decline or withdraw consent to the use of Heidi at any time, without affecting your access to care.
Platform updates
- We may from time to time amend or update the content or functionality of the Platform. We may do so at any time in our discretion and without prior written notice to you.
Updates to these Terms
- We may from time to time amend or update these Terms. You are bound by any such new Terms where you continue to use the Services after any such amendment or update of these Terms, where we have provided you with prior notice of the updated or amended terms.
Miscellaneous
- Any provision of these Terms which is found to be invalid or unenforceable must be read down, if possible, so far as to be valid and enforceable, and if that is not possible, the provision must, to the extent that it is capable, be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms.
- These Terms are governed by the laws of the State of Victoria, Australia, and each party submits to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
- If you access or use the Services in the capacity of an authorised representative of another person or entity, you acknowledge and agree that you are legally authorised to bind that other person or entity to these Terms.