These terms and conditions apply between Rose Virtual Medical Services PTY LTD and each person who uses the site (“you”). You agree with the following:
Medical emergencies: If you require immediate medical attention, contact your treating general practitioner or call 000.
DO NOT USE THE PLATFORM IF:
You have or think you may have an emergency or critical condition or symptom, including, but in no way limited to:
- Severe chest pain
- Heart attack
- Stroke
- Loss of consciousness
- Severe bleeding
- Breathing difficulty
If you are in doubt about the seriousness of your condition, the appropriateness or effectiveness of using this Platform or believe that you, or anyone is in an urgent, dangerous or emergency situation, you should not use the Platform and instead contact 000 immediately or seek alternative and appropriate medical services.
1.1. Rose Virtual Medical Services operates the website located at www.rosemedical.com.au (Site), www.rosemedical.au and other related websites. The Site assists you to access e-health and telemedicine services by providing an interface between you and health care practitioners who also use the Site.
1.2. Rose Virtual Medical Services Pty Ltd operates the Site and facilitates access to telehealth services provided by Australian-registered medical practitioners. Clinical assessments, medical advice and decisions regarding whether to issue a medical certificate or other clinical document are made independently by the relevant medical practitioner.
1.3. Rose Virtual Medical Services PTY LTD does not employ any health care practitioner or have a financial interest in any health care practitioner but does receive part of the fee paid by you for each e-health or telemedicine service provided to you by a health care practitioner via the Site.
1.4. Any clinical information, medical advice or other health information provided to you as part of a consultation is provided by the relevant independent medical practitioner. Rose Virtual Medical Services Pty Ltd may facilitate the communication of that information to you through the Site.
- Health care Services
2.1. Rose Virtual Medical Services PTY LTD does not guarantee that an e-health or telemedicine consultation is the appropriate course of treatment for your particular health care problem. The health care practitioner has the sole discretion to decide whether or not an e-health consultation is appropriate, whether or not to provide any particular service and to determine the health services required.
2.2. In some circumstances a physical examination, blood tests, diagnostic imaging or other tests may be required. These cannot be delivered via an e-health consultation. If the health care practitioner decides that any or all of these are required the health care practitioner will direct you to make an appointment for an in practice consultation with your local general practitioner or attend your local emergency department.
2.3. You consent to personal and health information provided through the Site being collected, used and disclosed by Rose Virtual Medical Services Pty Ltd and the medical practitioners involved in providing or administering your requested service, as reasonably necessary for that purpose and in accordance with our Privacy Policy. You acknowledge that this information may be communicated electronically.
Rose Virtual Medical Services Pty Ltd will use reasonable endeavours to facilitate the provision of services requested through the Site. Consultation requests submitted electronically will be made available to an appropriate medical practitioner for review as soon as reasonably practicable, subject to practitioner availability, demand and the requirements of the requested service.
2.4. Excluded Legal, Court and Police Matters
The services offered through the Site are intended for ordinary short-term medical certificate and telehealth requests and are not provided for court appearances, bail hearings, police matters, criminal or civil proceedings, tribunals, legal disputes or other medico-legal purposes.
Rose Virtual Medical Services Pty Ltd does not accept requests for medical certificates, reports or other documents intended for use in connection with any such matter, including to support non-attendance, an adjournment, exemption or other legal application.
If your request relates to any such matter, you should arrange an assessment with your usual general practitioner or another appropriately qualified medical practitioner.
2.5. Certificate Verification
Rose Virtual Medical Services Pty Ltd may provide a certificate verification service to employers, educational institutions and other authorised third parties.
Verification is limited to confirming information reasonably necessary to establish whether a certificate was issued through Rose Medical and whether the document presented is consistent with Rose Medical’s records. Rose Virtual Medical Services Pty Ltd will not disclose additional health or clinical information without the patient’s consent unless disclosure is otherwise authorised or required by law.
Rose Virtual Medical Services Pty Ltd may require evidence of the patient’s authority or consent before responding to a verification request.
Verification is based on the information and records reasonably available to Rose Virtual Medical Services Pty Ltd at the time of the request. If additional information later becomes available, or an earlier response is found to be incomplete or incorrect, Rose Virtual Medical Services Pty Ltd may issue a corrected or updated verification response.
Rose Virtual Medical Services Pty Ltd is not responsible for alterations, omissions or other changes made to a medical certificate after it has been issued, or for copies of certificates that differ from the document held in Rose Medical’s records.
The authenticity and details of a certificate may be verified against Rose Medical’s records through the available certificate verification process.
- Your obligations
3.1. You agree to contact your own doctor immediately if directed to do so or if your condition changes or your symptoms worsen.
3.2. You agree to provide all information requested by Rose Virtual Medical Services PTY LTD or a health care practitioner and warrant that all information which you provide is true and fully complete.
3.3. You must inform and keep the health care practitioner informed of any side effects or other issues arising from any treatment provided by the health care practitioner through the website.
3.4. You must inform your GP and any other health care professional about any medical treatment received via the website.
3.5. If you do not understand any question asked in our website assessment or any advice given by a health care practitioner, you should seek clarification immediately.
3.6. You must provide accurate and complete information about the reason for your request and the purpose for which any medical certificate, report or other document is sought. You must not misrepresent or withhold information indicating that your request relates to a court appearance, bail hearing, police matter, legal proceeding, tribunal, legal dispute or other excluded purpose described in clause 2.4.
- Fees
4.1 Fees and Refunds
When you request one of the telehealth services provided by a Health Provider via the Site, you must pay the applicable fee. The fee is charged for the Health Provider’s time in reviewing your request, conducting any consultation, and making a clinical assessment. The fee is not charged for any guaranteed outcome, including the issue of a medical certificate, consultation note, prescription, referral, or other document.
For pricing purposes, single-day medical certificate requests for dates 2 or more calendar days before the date on which the request is submitted are charged at the multi-day medical certificate rate.
If Rose Virtual Medical Services Pty Ltd or the Health Provider is unable to provide the requested service before any consultation or clinical assessment has commenced, the fee will be refunded.
If you are not contactable or unavailable for a required telehealth consultation, we will endeavour to contact you for a further 48 hours. If the consultation cannot proceed because you remain uncontactable or unavailable during that period, your request may be closed and no refund will be payable solely as a result of your failure to complete the consultation.
If, after reviewing your request or commencing a clinical assessment, the Health Provider requests further information, clarification or completion of additional questions reasonably required to assess your request, you must provide the requested information within 48 hours. If you do not provide the requested information within that period, your request may be closed as incomplete. As the Health Provider has already commenced reviewing and assessing your request, no refund will be payable solely because the assessment could not be completed due to your failure to provide the requested information.
Where a request is declined because information provided by you was inaccurate, incomplete or misleading, including because you failed to disclose that the request related to an excluded purpose under clause 2.4, no refund will be payable solely for that reason once a consultation or clinical assessment has commenced.
Once a consultation or clinical assessment has commenced, no change-of-mind refund will be payable. A refund will also not be payable solely because the Health Provider determines that a medical certificate, consultation note, prescription, referral or other document is not clinically appropriate or cannot be issued based on the information available.
4.1A Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law, including where services are not provided with due care and skill, are not fit for purpose, or are not supplied within a reasonable time.
4.2. You understand that Rose Virtual Medical Services PTY LTD is not covered under Medicare Australia at this time, no Medicare rebate is available and there is no bulk billing option offered as part of this service.
4.3. Turnaround Time
Rose Virtual Medical Services Pty Ltd aims to process most medical certificate requests within 2 hours during normal business hours. This is an estimated turnaround time only and is not guaranteed.
Business hours are Monday to Friday, 9:00 AM to 5:00 PM Sydney time (AEST/AEDT), excluding public holidays. Requests submitted outside business hours may be processed on the next business day.
Processing times may vary depending on practitioner availability, demand, clinical complexity, the need for further information or clarification, and the patient’s availability to complete any required telehealth consultation.
Where further information, clarification or a telehealth consultation is required before a clinical decision can be made, processing of the request may be delayed until this has been completed. If you do not provide requested information or make yourself available to complete the assessment, your request may be closed in accordance with clause 4.1.
Any refund or other remedy will be determined in accordance with clauses 4.1 and 4.1A.
5. Clinical Responsibility and Liability
5.1. Independent clinical responsibility
Medical practitioners providing services through the Site provide clinical services in their own professional capacity and exercise independent clinical judgement. Each medical practitioner is responsible for their own clinical assessment, medical advice, treatment decisions and decisions regarding whether to issue, decline to issue, amend or withdraw a medical certificate or other clinical document.
Rose Virtual Medical Services Pty Ltd facilitates access to independent medical practitioners and provides administrative and technical services in connection with the Site. Rose Virtual Medical Services Pty Ltd does not direct, control or override the clinical judgement or clinical decisions of a medical practitioner.
5.2. Clinical acts and decisions of medical practitioners
To the maximum extent permitted by law, Rose Virtual Medical Services Pty Ltd is not responsible for loss or damage arising solely from the independent clinical judgement, advice, treatment, acts, omissions or professional conduct of a medical practitioner providing services through the Site.
This includes, without limitation, a medical practitioner’s decision to issue or decline to issue a medical certificate or other clinical document, the period covered by any certificate, any recommendation for further or in-person assessment, and any other clinical decision made in the course of providing the service.
5.3. Information provided by you
Rose Virtual Medical Services Pty Ltd and the relevant independent medical practitioner will not be responsible for loss or damage to the extent that the loss or damage is caused or contributed to by:
(a) inaccurate, incomplete, false or misleading information provided by you;
(b) your failure to disclose information reasonably relevant to your medical assessment or request;
(c) your failure to respond to reasonable requests for further information or clarification;
(d) your failure to follow reasonable medical advice, instructions or recommendations provided by the independent medical practitioner;
(e) your failure to seek in-person, urgent or emergency medical care when advised to do so; or
(f) your failure to comply with your obligations under clause 3.
5.4. Acceptance of medical certificates by third parties
Rose Virtual Medical Services Pty Ltd does not guarantee that a medical certificate or other document issued by an independent medical practitioner will be accepted by an employer, educational institution, insurer, travel provider or other third party.
To the maximum extent permitted by law, Rose Virtual Medical Services Pty Ltd is not responsible for loss or damage arising solely from a third party’s decision to accept, reject or otherwise act upon a medical certificate or other document, or from requirements, policies or decisions imposed by that third party.
This clause does not limit Rose Virtual Medical Services Pty Ltd’s responsibility for information or verification responses provided by Rose Virtual Medical Services Pty Ltd where liability cannot lawfully be excluded.
5.5. Altered or modified documents
Rose Virtual Medical Services Pty Ltd is not responsible for any alteration, omission, addition or other modification made to a medical certificate or other document after it has been issued, or for the use or consequences of any copy that differs from the original document held in Rose Medical’s records.
Certificate verification is subject to clause 2.5.
5.6. Rights that cannot be excluded
Nothing in these Terms excludes, restricts or modifies any right, guarantee, remedy or liability that cannot lawfully be excluded, restricted or modified, including any rights or remedies available under the Australian Consumer Law.
6. Privacy and Acceptance
6.1. By using the Site and submitting a request for a service, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
6.2. You acknowledge that your personal and health information will be collected, used, stored and disclosed in accordance with the Rose Virtual Medical Services Pty Ltd Privacy Policy.
6.3. The fees, refund conditions and circumstances in which a refund may or may not be payable are set out in clause 4 of these Terms and Conditions.
- General
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.