Terms of Service
Updated: Jan 2025
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR HEALTHCARE PROVIDER OR 911 IMMEDIATELY. NEITHER COMPANY NOR ITS PARTNERS PROVIDES ANY SERVICES FOR MEDICAL EMERGENCIES.
PLEASE READ THESE PROGRAM TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES.
BY CLICKING “I ACCEPT ”, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED AND AGREED TO BE BOUND BY THESE PROGRAM TERMS OF SERVICE AND THAT YOU HAVE AGREED TO RECEIVE THE SERVICES DESCRIBED BELOW. IF YOU DO NOT CLICK “I ACCEPT ’, YOU WILL NOT BE ABLE TO USE OR RECEIVE THE SERVICES.
Proteomics International USA Inc (“Proteomics International”) owns the website (the “Site”) that provides consumers with information and resources related to chronic kidney disease (CKD) and the PromarkerD test. The Site is operated by Rosemary Health Pty Ltd T/A RoseRx and its affiliates (collectively, “Company” or “RoseRx”), who also operate and manage the underlying patient services platform (the “Portal”). If eligible, consumers may use the Portal to request and purchase services related to the PromarkerD test, including telehealth evaluations, clinical oversight, and laboratory testing (each, a “Test”), with sample collection available via a patient service center (“PSC”) or in-home phlebotomy (each, “Collection Method”) (together, the “Services”).
RoseRx partners with independent third-party service providers (“Partners”), including clinical service providers, laboratories, and the developer of the PromarkerD test, to facilitate and deliver the Services.
Your use of the Services is governed by these Program Terms of Service as well as the Website Terms of Service, Informed Consent, Privacy Policy, clinical oversight provider policies, and any additional consents you provide or terms which RoseRx or its Partners may provide to you.
1. The Services
A. Description of Services
From the Site, you may request a telehealth evaluation from a Provider (as defined below) from the Clinician Group (as defined below) (the “Telehealth Evaluation”) to be evaluated for whether PromarkerD is appropriate for you. Telehealth Evaluations are conducted asynchronously (an “Asynchronous Telehealth Evaluation”) unless otherwise specified. If a Provider determines, in their independent clinical discretion, that a Test is appropriate for you, you may elect to provide a sample using one of the following collection methods: (i) in-home phlebotomy performed by a third-party service provider, or (ii) sample collection at a laboratory patient service center (“PSC”) (each, a “Collection Method”).
Company provides the Site and facilitates Services for individuals who elect an Asynchronous Telehealth Evaluation. These Program Terms of Service apply only to individuals who elect an Asynchronous Telehealth Evaluation.
In order to initiate a Provider ’s evaluation, you will be required to provide demographic, health information and other clinical information to assist the Provider in assessing whether the Test is appropriate for you. You are responsible for ensuring that the information you provide is accurate and complete. If you do not provide such information, you will not be able to receive the Services.
You may purchase via the Company consumer platform that Company hosts as part of the Site (the “Portal ”) a PSC Sample Collection Test and related services as further described below.
Your health information will be provided to a licensed physician or other licensed healthcare provider affiliated with the Clinician Group, an independent third-party clinical services provider with whom Company has partnered to provide you with access to physician oversight of laboratory testing (each Clinician Group-affiliated healthcare provider is referred to as a “Provider”). Based on the information you provide, the Provider will determine if the requested Test is appropriate and, if so, will order the Test. You will be notified whether or not your Test request has been approved. Neither Company nor the Provider is under any obligation to proceed with the Test. Services will not be provided if a Provider does not authorize your request and order the applicable Test.
If a Test is ordered for you by a Provider, you will either visit a PSC or have an in-home phlebotomy appointment for sample collection. You will receive a test requisition form (lab order) and instructions for your selected Collection Method. The Laboratory will perform the testing once your sample has been received.
The Laboratory will provide laboratory testing services for the sample.
Once the Test results (“Results”) are provided by the Laboratory, they may be reviewed by a Provider, as appropriate. By taking the Test, you consent to receive your results, which will be made available to you via the Site or through a secure communication. The Clinician Group may make reasonable efforts to contact you to notify you of your Results, provide education about your Results if appropriate, and recommend next steps (e.g., follow-up with a healthcare provider). Such outreach is not part of any diagnosis or treatment and is not considered the practice of medicine or any other profession.
B. Additional Terms Relating to the Services
The Services do not constitute treatment of any condition, disease, or illness. Providers will not prescribe or order any medication or devices in connection with the Services. You are responsible for sharing your Results with your healthcare provider and for following up with your healthcare provider for care, diagnosis, and/or medical treatment. The Providers do not replace your existing primary care or other relationship with your physician or other healthcare provider.
You should not make medical decisions without consulting a healthcare provider. You should not disregard advice from your healthcare provider or delay seeking advice from a healthcare provider based on information provided as a result of the Test or the Services.
You may be provided with the opportunity to connect to an independent healthcare provider for follow-up services and/or treatment. Any such services are not part of the Services hereunder and may be subject to additional fees.
If you have concerns or questions regarding the Test, you should consult your healthcare provider or contact the clinical team at contact@roserx.health
C. Specific Terms Relating to Laboratory Services
You acknowledge that Company is not a laboratory and does not perform any testing on your sample. Company enables you to access independent laboratories for laboratory testing services. The laboratory partner (the “Laboratory”) performing the testing for your sample is identified on the Portal and/or on the test requisition form provided to you. The Laboratory is solely responsible for all laboratory services related to the Test. Company is not responsible for any laboratory services.
Due to the nature of screening tests, neither Company nor the Laboratory can warrant that the Test will be entirely accurate. As with all screening tests, there may be false positive or false negative results. Test Results may not constitute a definitive diagnosis, and further testing or evaluation by your healthcare provider may be required. Failure to follow instructions for sample collection or failure to complete the collection within the required timeframe may result in delayed, invalid, or inaccurate Results.
D. Specific Terms Relating to Virtual Care Services
The telehealth services (“Virtual Care Services”) made available through the Site are provided by licensed healthcare professionals employed or contracted by CWI Physician Partners PC, (the “Clinician Group”). Company is not a healthcare provider and does not itself provide any Virtual Care Services or practice medicine. The Clinician Group, including all physicians and other healthcare professionals who may provide Virtual Care Services to you (each, a “Provider”), are independent of Company and are solely responsible for the medical care and services provided to you.
The relationship between you and a Provider is a direct physician-patient (or provider-patient) relationship. The Company does not interfere with clinical decision-making, nor does it direct or control the care or services that Providers render. The inclusion of a Provider through the Site does not constitute an endorsement or recommendation of that Provider by the Company.
Any information or communication provided to you by a Provider in connection with the Virtual Care Services is intended solely for the purpose of conducting a clinical evaluation to determine whether a Test is appropriate for you. It is not a substitute for a comprehensive health evaluation, diagnosis, or treatment from your primary care provider.
1. Eligibility and Availability of Services
By agreeing to these Program Terms of Service or by using the Services, you represent and warrant to that you are (i) at least eighteen (18) years of age or that you are the parent or guardian of such a minor and consent to such minor dependent ’s use of the Site and Services, (ii) not barred under any applicable laws from doing so or from receiving Services in the jurisdiction where you reside or where you use them, (iii) are a U.S. resident who located in the U.S. during the provision of the Services, (iv) all data submitted or provided by you or on your behalf in connection with the Services is truthful, accurate, and complete and (v) you will use the Services solely for your personal use and will not resell any Services.
Certain services may not be available in certain U.S. states. You will be notified if Services are not available in the state in which you are located. Additionally, you may not be eligible to receive certain Services.
Our Services may be temporarily or permanently limited or suspended or your access to the Services may be canceled at our sole discretion at any time, including if you have violated the Terms.
2. Account Registration
In order to use the Services, you must set up an account by creating a username and password. When you set up an account, you agree to provide contact information that can be used to contact you in connection with your use the Services or as otherwise provided in any consent or terms provided to you. It is important that you provide accurate and complete information and that you promptly update contact information in your account. Company is not liable for any loss or damage caused by inaccurate or incomplete contact information provided by you.
3. Pricing and Refunds
A. Fees
The Test and related Services you purchase are solely your financial responsibility. A portion of the total purchase price includes fees for services provided by Partners, including the Clinician Group fee for an independent Provider to conduct a telehealth evaluation and provide clinical oversight, and the Laboratory fee for laboratory services, as applicable. The Company may act as a billing agent for certain Partners and collect fees for those services on their behalf.
Payment for the core Test may be processed directly by the provider of the Test. In such cases, the Company facilitates access to the Test and associated services but does not collect payment itself.
Company reserves the right to change the prices for the Test and related Services at any time. In the event that the Test and related Services are listed at an incorrect price due to an error, Company shall have the right, at our sole discretion, to cancel any orders placed and notify you of any such cancellation.
B. Sample Collection & Logistics
If you have elected a sample collection method that involves in-home phlebotomy or patient service center (PSC) attendance, Company will coordinate logistics for your selected method after a Test is ordered by a Provider. You will pay all applicable collection coordination and administrative fees specified during the ordering process.
Appointment availability and sample collection times are approximate and cannot be guaranteed. We are not liable for any delays or disruptions caused by third-party collection providers, couriers, or laboratories. Time for collection or test processing is not and shall not be of the essence.
You are solely responsible for providing Company with accurate scheduling and contact information. In the event that your collection appointment cannot be completed due to incorrect information or missed appointments, you may be responsible for rescheduling or reprocessing fees.
C. Cancellation and Refunds
The refund and cancellation policy is provided in the FAQ section of the Site.
D. Recollection and Unprocessed Samples
If your sample is unable to be processed by the Laboratory (e.g., insufficient sample volume or indeterminate result), you may be contacted to coordinate a recollection. One (1) recollection may be offered at no additional charge, subject to availability of collection services and clinical approval.
If your in-home phlebotomy appointment was not completed or visit to the PSC did not result in a valid collection, you may contact support at contact@roserx.health to request next steps.
4. Payment Methods
Payment for Services may be made by credit card, debit card, or any other method available on the Portal. By providing a credit card or other accepted payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize Company (or our third-party payment processor) to charge your payment method for the total amount indicated in the order process, including any applicable administrative or coordination fees and applicable taxes. If your payment method cannot be verified, is invalid, or is otherwise not accepted, your order may be suspended or canceled until the issue is resolved. We may suspend or terminate your use of the Services in the event of any payment delinquency.
All prices listed for Services on the Site exclude all sales taxes, use taxes, duties, levies, and similar governmental charges imposed on the provision of the Services. You are responsible for payment of all such applicable governmental charges.
Except as otherwise described in these Program Terms of Service, you will not be entitled to any refund for the Services.
We use a third-party payment processor to facilitate payment for purchases of Services. Processing of payments is subject to the terms, conditions, and privacy policies of the payment processor in addition to this Agreement. You can access the processor’s terms and policies via links provided on the Portal. Company is not responsible for any acts or omissions of the payment processor.
5. Messaging
You may be contacted by Company, and/or its Partners at the phone number, mobile number, email address and address that you provide, including calls, text messages and other messaging regarding the Services and followup, including customer surveys. You understand and agree that such messages may include personal health information about the Test(s) and your Results. You understand that it is your responsibility to monitor and respond to these messages and emails. You understand that you are responsible for notifying contact@roserx.health of any changes to your contact information.
6. Privacy
Use of the Site is governed by the Company Privacy Policy. The Company Privacy Policy does not apply to information that is protected health information (“PHI ”) under the Health Insurance Portability and Accountability Act (“HIPAA ”). All information in collected in connection with the Services that is PHI will be governed by the Clinical Group Notice of Privacy Practices available on the Site or the Laboratory notice of privacy practices provided to you by the Laboratory.
7. Intellectual Property
You acknowledge that the Services and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed.
8. Assignment and Transfer
You shall not assign, transfer or convey these Program Terms of Service or any obligations thereunder without our prior written consent. Any assignment, transfer or conveyance by you in violation of these Program Terms of Service shall be of no power or effect.
9. Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS ”AND “AS AVAILABLE ”BASIS. NONE OF RETAILER, COMPANY, THE PARTNERS, NOR ANY OF THEIR AFFILIATES, SUBSIDIARIES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “PARTIES ”) GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SERVICES. NEITHER RETAILER NOR COMPANY MAKES ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS REGARDING ANY SERVICES PROVIDED BY ITS PARTNERS. NONE OF THE PARTIES ARE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE INFORMATION THAT YOU PROVIDE OR IS PROVIDED ON YOUR BEHALF IN CONNECTION WITH THE SERVICES. THE PORTAL DOES NOT PROVIDE MEDICAL ADVICE NOR HEALTH CARE ADVICE NOR IS A SUBSTITUTE FOR MEDICAL OR OTHER PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER.
NONE OF THE PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS PORTAL, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
10. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL ANY OF THE PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES. IN NO EVENT SHALL ANY OF THE PARTIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR ACCESS TO THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE PARTIES ’LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL THE TOTAL LIABILITY OF THE PARTIES ARISING IN CONNECTION WITH THE SERVICES OR UNDER OR IN CONNECTION WITH THESE PROGRAM TERMS OF SERVICE EXCEED ONE HUNDRED US DOLLARS. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING UNDER THESE PROGRAM TERMS OF SERVICE OR IN CONNECTION WITH THE SERVICES MUST BE BROUGHT WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
11. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold harmless the Parties, and their respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney ’s fees that arise from:
- Your breach of these Program Terms of Service,
- Your violation of any applicable laws, rules or regulations, or
- Your use of the Services in an unauthorized manner.
12. Governing Law; Disputes
This Agreement and all matters relating to your access to, or use of this Services shall be governed by and construed in accordance with the laws of the State of California, USA, without giving effect to conflict of law principles. Any legal action or proceeding relating to this Agreement or your access to or use of the services shall be instituted in a state or federal court in the State of California. You agree to submit to the jurisdiction of, and agree that venue is proper in these courts. You agree to make the Parties whole for any and all claims, losses, liabilities, and expenses (including attorneys ’fees) arising from your use of the Services or any violation of this Program Terms of Service.
You agree that any controversy or claim arising out of or relating to these Program Terms of Service, or the breach thereof (the “Disputes ”), shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and take place in California. The judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You agree to arbitrate solely on an individual basis, and that these Program Terms of Service do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person 's claims and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the tribunal 's power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis. Notwithstanding the foregoing, either party may (i) bring claims in a California state or federal court related to their intellectual property rights and/or (ii) seek equitable or injunctive relief without having to post a bond or other security and without having to prove the inadequacy of other available remedies
13. Notices
You agree that we may provide you with notices, including those regarding changes to this agreement, by email to the address you provided at the time of registration or as changed in your account profile on the Portal.
14. Changes to the Program Terms of Service
We reserve the right to change this Program Terms of Service at any time. When we make changes, we will post the changed Program Terms of Service on the Portal and it will become effective immediately. Your continued access to or use of the Portal or Services represents your acceptance of such changed policy.
15. Miscellaneous
These Terms, including the other documents referenced and referred to herein, constitutes the entire agreement between you and us with respect to the Portal and the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Program Terms of Service and any applicable purchase or other terms, the terms of this agreement shall govern. If any provision of these Program Terms of Service are illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Program Terms of Service will continue in full force and effect. The headings of sections and paragraphs in these Program Terms of Service are for convenience only and shall not affect its interpretation.
16. Contact Us: If you have any questions about the Services, please contact us at contact@roserx.health.