Terms & Conditions

This page (together with our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy) tells you information about us and the legal terms and conditions and the annexed Schedules (Terms) on which the Company provides any of the physical products (Products) or any services (Services) which are available on the Company website (our site) or on one of the Burst Health mobile phone applications (App) to you. These Terms will also govern the ownership and use of any materials, documentation, intellectual property or other assets or information belonging to the Company or any of its Associates (Material).

Please read these Terms carefully and make sure that you understand them. Before placing an order for Products or Services or before you access the App you will be required to accept these Terms and the Privacy Policy and give your consent for various acts of processing. If you refuse to accept these Terms or the Privacy Policy, you will not be allowed access to our App, Services or any Products. For the avoidance of doubt, if you request that we stop sending you direct marketing communications, this will have no impact on us providing you with access to our App, Services or any Products.

We reserve the right to amend these Terms from time to time as set out in clause 5. These Terms were last updated on 12th September 2020.

Information about us

We are Burst Health, a company registered in Australia and New Zealand under company number 58 161 505 979 with our registered offices at Level 34, 1 Eagle St, Brisbane City, QLD 4000, Australia and Level 31 2-6 Gilmer Terrace, Wellington, 6011 New Zealand (The Company) The Company operates the website www.bursthealth.com.au, www.bursthealth.co.nz, www.burst.co, and Burst Health Apps which are available via the Apple Store and the Google Play Store.
The Company will use persons (including but not limited to The Pharmacy, suppliers, practitioners and subcontractors) to facilitate the provision of Services and/or Products through the Company or the App (Associates). Further information on the Associates, the types of personal data which is passed to the Associates, how and why this personal data is processed by the Associates, and the legal basis for such processing can be found in our Privacy Policy.
The Company uses New Zealand based Medical Council registered health practitioners in the provision of Services (including but not limited to registered general practitioners (GP), registered nurses (Nurse), registered pharmacists (Pharmacists) or registered medical specialist clinician and/or consultants (Specialist) together referred to as (Practitioners).
We have appointed a Data Protection Officer (DPO) who is responsible for dealing with any data protection queries you may have. Further details on who our DPO is can be found in our Privacy Policy.

Contacting Us

The easiest way to contact us is to email contact@bursthealth.com.au. If you use this method, we will respond via e-mail. You can also contact our Customer Services team by telephone on (04) 887 3668 or by post to our trading address as above. If you are emailing us or writing to us please include details of your order/account to help us to identify you. If you wish to contact us for any other reason, including because you have any complaints, you can contact us by any of the methods set out in this clause.
For the avoidance of doubt where reference is made to communication being made in writing/written, this shall be taken to include communication made by the Company or any of its Associates to you by way of onscreen message, notification, prompt field or other communication or information to you from the Company via the App or by Email using an email address which you have provided to the Company for communication with you.
The provisions of this clause shall not apply to the requirements of service of any documents in legal proceedings.

Electronic Communications

By accepting these Terms and our Privacy Policy and by using the App you are communicating with us electronically and in doing so you are deemed to consent to receiving communications from us electronically. Electronic communications include but are not limited to emails, notifications, alerts, prompts, disclosures and information fields or other information provided via the App. You further agree that any electronic communication made by us is sufficient to satisfy any legal requirement that said communication be made in writing to you. Our Privacy Policy sets out the legal basis and justifications for sending these electronic communications to you please review this by clicking the link.

Your personal information

Information on the types of data we collect about you, the methods we use to collect such data, how we use the data and why we use the data can be found in the Company’s Privacy Policy https://burst.co/pages/privacy-policy Please ensure you have read and understand the Company’s Privacy Policy before entering into any contract with the Company.
We will not use any of your personal information for any purpose other than those contained within the Company’s Privacy Policy.
We use identity verification services to check your details. These are checked against multiple sources including the electoral roll and credit reference agencies. By signing up to and using this service and also agreeing to the terms set out in our Privacy Policy, you are giving us permission to make these checks. If we cannot verify your identity using these checks, we will contact you requesting further evidence of your identity.

Our right to vary these Terms

We reserve the right to amend these Terms from time to time. Our latest Terms with the date they were changed are posted on our website at paragraph 1.1 above.
Every time you contract with us for the provision of Products or Services, the Terms in force at the time of your order will apply to the Contract between you and us.
We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:

1. changes in relevant laws and regulatory requirements; and

where the Company, in its absolute discretion deems it necessary or desirable.
Notwithstanding clause 5.1 above, if we have to revise these Terms as they apply to your order, we will (but without obligation to do so) contact you to advise you of the changes.

Services Description

Throughout the provision of the Services, the Company and/or its Associates will use reasonable endeavours to be as accurate as possible in their description of any Service. The Company cannot guarantee that the description of any Services and/or Products or content on the App is accurate, complete, reliable, current, or error-free.
The Company also provides various hyperlinks to other websites and maintains feeds from external data providers over which the Company has no control. The Company accepts no responsibility for the availability of any external sites or resources that is not its own and does not endorse, approve and seek to be associated with, nor is it responsible or liable for any content, advertising, products or other material available from such sites or resources.

Cancellation

There are no commitments. You can cancel or pause your prescription at any time by going to Manage Subscription in your account located here. If you don't have an account, please register here. Once you have paused or cancelled, you will no longer be charged automatically for your repeats. But, please note that payment is taken 48hrs before your order is due to be sent out. If your medication has already been dispensed, we will be unable to issue you a refund.

Abusive and Excessive Use

The Company reserves the right to deny any person access to the App, Services and Products or terminate the provision of Services and/or Products and access to the App, including removal of that persons account and information, immediately upon notice, where that person is abusive or behaves in an inappropriate manner towards any Practitioner or any employee or agent of the Company. Inappropriate manner may include but is not limited to:
Foul language, threatening, inappropriate, abusive, offensive behaviour or remarks; or
Any behaviour believed to be time-wasting; or
Excessive use of any Service, excessive use will be any use of the Service deemed to be excessive in the reasonable opinion of the Company.
In the event of inappropriate or abusive use, the Company reserves the right to terminate provision of Services or Products and use of the App (including deletion of the Users account and information) immediately upon notice.

1. Company Policy for Modification and Severability

The Company shall be entitled to make changes to the App from time to time and to suspend or withdraw any Service by providing you with reasonable notice of not less than 1 day.
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any other remaining provisions in these Terms.

Our liability to you

The Company is not responsible for any loss or damage caused by a Practitioner, Associates, sub-contractor or third party.
The Company shall not have any liability, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under or in connection with the Contract.
The Company’s total liability to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the provision of the Services or Products shall be limited to the amount paid by you in respect of such Service or Product.
Our site and the App are not designed and are not suitable for the diagnosis, treatment and/or management of a medical emergency or any acute condition or condition that would otherwise warrant analysis, diagnosis or treatment in person or where analysis, diagnosis or treatment would be required on an urgent basis. The Company cannot guarantee continuous availability of any Practitioner or any availability of any particular Practitioner.

How can we help?

Clinical advice
Prescription medicines
Doctor certificates

What we cannot help with?

1. Physical examinations and treatment (Although the video consultation facility does allow a GP to view any physical symptoms, this is dependent on the quality of the video stream)
2. Emergency treatment e.g. chest pains, severe bleeding, suspected stroke or bone fracture
3. Alternative therapies, lifestyle surgeries or oral surgery
4. Vaccinations

Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data but subject to that and the Company’s obligations under law as a data controller, the Company is not responsible for any data loss or unauthorised access by other persons, whether a result of unauthorised access, misaddress, technical failure, technical interference, negligence or otherwise. The Company reserves the right to withdraw or delete any information from the App at any time.
The Company disclaims all warranties, express or implied (to the extent permitted by law) including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. The Company does not warrant that the App, the Company’s servers, or e-mail sent from the Company are free of viruses or other harmful components. The Company will not be liable for any loss or damage of any kind arising from the use of the App, including, but not limited to indirect, incidental, punitive, and consequential damages.
The Company does not accept any liability or responsibility for the actions or omissions of any third party including its Associates and any Practitioners.
The Company only supplies the Products and Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purpose, and the Company has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

5. The Company does not exclude or limit in any way its liability for:
6. death or personal injury caused by the Company’s negligence or the negligence of its employees (acting within the scope of their employment), agents or subcontractors;
7. fraud or fraudulent misrepresentation

Events outside our control

The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Clause 17.2.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks [or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that substantially affects the performance of our obligations under the Terms:
The Company will contact you as soon as reasonably possible to notify you; and
The Company’s obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects the Company’s delivery of Products to you, the Company will arrange a new delivery date with you after the Event Outside Our Control is over.
You may cancel a Contract affected by an Event Outside Our Control which has continued for a period of not less than 7 days. To cancel the Contract, you must notify the Company in writing subject to Clause 2. The Company reserves the right to cancel the Contract if an Event Outside Our Control persists for a period of not less than 28 days.

Your obligations

By accepting these Terms, you hereby agree that:
all information you give to the Company, its Associates and any Practitioner will be a fair and accurate reflection and will not omit any information of material importance.
should you become aware that any information, howsoever provided, relating to your medical record, tests, prescriptions, imaging, advice or opinions given are inaccurate or incomplete, you shall bring it to the attention of the Company promptly;
you will ensure that you comply wherever possible with all instructions, advice and treatment provided to you by any Practitioner;
if, through your use of the App, you have any doubts, or concerns relating to any information, advice or instructions which has been provided to you or failed to be received by you via the Services, or relating to your health, or any conditions, you hereby agree to seek further independent medical opinion as soon as is reasonably practicable from an New Zealand based registered GP or suitable healthcare professional not associated with the Services and/or shall utilise the emergency services as applicable.
you will comply with any instructions (including but limited to route, timing and dosage) given in relation to any prescription to you.
any side effects of any prescription given to you by a Practitioner will be reported as soon as reasonably possible.
subject to this clause and through your use of the App and/or Services you will not register or attempt to register on behalf of any other person; nor shall you provide answers to questions or represent yourself to be any other person;
you will not register or attempt to register with the App or the Services more than once;
Part of the Services offered by the Company includes the recording of your consultations via our system. By accepting these terms, you hereby agree not to make independent recordings of consultations. This is designed for the protection of your privacy and personal information.
When registering for the repeat prescription service via the Burst Health App you have agreed to nominate either of the following pharmacies, PharmacyOnline, Chemist Direct, TerryWhite Chemmart, Burst Health Pharmacy or Optimus Healthcare NZ as your chosen nominated pharmacy.

Intellectual Property

Any content used by the Company within its website, App and other Materials is subject to protection by copyright, trademarks, database right and various other intellectual property rights.
You hereby agree that you shall maintain and not interfere with all and any copyright and proprietary notices.
You may receive and display any content found within the Company’s App including any information held on or acquired through the App on a computer or other device screen, hold such content in an electronic format or print copies of any of the above stated content in so far as such use is purely for your own personal and non-commercial use.
You hereby consent to the recording, storage and subsequent retrieval by the Company of consultations, activity and data inputted in the App. Recordings of consultations cannot be viewed from within the App. You may request a copy of the recording by writing to us at our trading address. You are permitted to show a recording of a consultation to another medical professional for the purposes of supporting your health care. In using any recording provided by the Company you acknowledge that the Company retains all intellectual property rights in respect of the recordings of consultations, activity and data inputted in the App
You shall not under any circumstances reproduce, modify or distribute or make use of any of the Materials or content of the Company’s App for any commercial purposes without the express written consent of the Company.
You acknowledge that you shall not at any time acquire any rights in the copyright or any other intellectual property rights in any Materials, content or any other documents or items provided via the Company’s App or through the provision of the Services.
You shall be entitled to use the content, materials, documents and other information as set out above in clauses 19.1 to 19.6 for your own personal use and in connection to receiving Services from the Company but you shall not be entitled to make copies, edit, alter or distribute, nor shall you make any of the recordings content, materials or information referred to in this clause available through a file-sharing network or facilitate or allow any other person to make copies, edit, alter or distribute, or make any of the recordings content, materials or information referred to in this clause available through a file-sharing network.
All content available and included on the website and on the App, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of the Company or of its content suppliers and is subject to protection by copyright and other intellectual property laws. The collective use of all content within the App is the sole and exclusive property of the Company. Any software used in the App is the property of the Company or its software suppliers and is subject to protection by copyright and other intellectual property laws.

Trademarks

The Burst Health trademark logos (including where the trademark and logos are used together, other graphics, logos, page headers, button icons, scripts, and service names) and any other marks indicated in the App are protected trademarks of the Company or its Associates

1. License and your use of the App

The Company grants you a personal limited license to allow access and the use of the App (The Licence). The Licence does not grant you any right to modify the App, or any part thereof, without the express written consent of the Company.
You shall not resell or use, or attempt to use the App, including but not limited to any of its contents, derivative use of the App or its contents; or any use of data mining, robots, or similar data gathering and extraction tools for any commercial purpose.
The App or any part thereof shall not be reproduced, duplicated, sold, or otherwise exploited in any way whatsoever for any commercial purpose without express written consent of the Company.
Where there is any unauthorised use of any logo or other proprietary graphic or trademark of the Company or its Associates as part of the link, the Licence and any of permissions granted by the Company shall be terminated with immediate effect.
Where you have been provided free or subsidised access to Services within the App via one of The Company’s corporate partners The Company reserves the right to withdraw or amend the free or subsidised access in line with agreements with corporate partners.

Use of the App by Minors

Any persons aged 16 years or older may make full use of the App via their own personal account.
Any persons aged between 28 days and 16 years (a Minor) may have their own account but such account must be opened by and managed by a parent or legal guardian (the Guardian) on their behalf.
A Minors account can only be accessed by switching from the supervising adults account to the attached Minor.
Any use of the App and/or the Services by the Minor can only be with the permission and supervision of the Guardian
Where the Company or its Associates reasonably suspect that a Minor may be using the App or Services contrary to the provisions of Clauses 22.2 22.4, the Company reserves the right to restrict or refuse access to the App, Services or Products or remove or edit any content. If necessary, the Company may take steps to deactivate the Minors account and/or cancel the provision of any Services or Products.

International Use

The App, website and systems may be accessed from outside of New Zealand given that the user is a New Zealand resident. However, the App, website and systems must not be used under any circumstances where the law of any other jurisdiction would govern the use of the App, website, systems or the provision of any Services or Products.
The Company cannot guarantee that any Materials on the Company’s website, App, Systems and Online Shop are suitable for use in all locations outside New Zealand. Nor will the Company guarantee that the use of such Materials will be compliant with the governing laws in those locations outside of the jurisdiction of New Zealand.
Accessing the Company’s website, App, Systems and Online Shop from territories where its contents are illegal or unlawful is prohibited under these Terms. The Company accepts no responsibility whatsoever and however incurred for any event arising from your use of the Company’s website, App, Systems and Online Shop from locations outside New Zealand.

Disputes

Any dispute or claim arising under the Contract must be notified to us in writing within 14 days of such dispute or claim arising. Such notice must set out full particulars of the dispute or claim to enable us to know and understand what it relates to. It is a condition precedent to making such claim and failure to give a written notice within this time limit stated in this paragraph will prevent you from making such claim.
In the event that a dispute arises in connection with any provision contained within these Terms, the parties hereby agree to seek resolution of the dispute. If the dispute cannot be resolved within 60 days of the initial notification of a dispute by either party, the parties agree to attempt to settle it through mediation.
In the event that any dispute arising from these Terms or relating in any way to your use of the App, remains unresolved that dispute shall be submitted to confidential arbitration in Brisbane with one arbiter. Any award by the arbitrators shall be binding on all parties and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.

Other important terms

We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing if this happens.
This Contract is between you and the Company. No other person shall have any rights to enforce any of its Terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Please note that these Terms are governed by law of New Zealand. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by New Zealand law. By accepting these Terms, you irrevocably agree that the courts of New Zealand will have exclusive jurisdiction, this is inconsistent with arbitration.
By submitting a medical questionnaire, you agree for our doctor to review your questionnaire and contact you if there are any concerns – to formulate a tailored medication regimen for you based off the questionnaire. You are aware that if you have any queries or concerns, that you can contact Burst at any time to make an immediate appointment to speak with the Burst doctor. You are fully informed about the side effects, efficacy, dosage and how to take the medications. You understand some of these medications are off label TGA use and consent to its use, as well as for regular monitoring. You understand that this should not replace long term face to face consultations with your regular GP and to follow up regularly with your regular doctor.

Your Consumer Rights

As a consumer, you have legal rights in relation to Products that are faulty or subject to Clause 13, not as described. You can obtain advice about your legal rights from your local Fair Trading office. These Terms do not affect your statutory rights.
The Company uses a third-party supplier to supply Products to you (The Supplier). The Company does not receive any fee, reward, commission or other remuneration in consideration from the Supplier for Products ordered on your behalf.
You acknowledge and agree that by using the App or purchasing any Products no contract of sale, retail or other commercial arrangement is created between you and the Company. The Company’s relationship with you when purchasing such Products is as your agent for the purpose of placing the order with the Supplier for you.
The Supplier, who will deliver the Product/s direct to you will do so under their own terms and conditions of supply and subject to their own internal policies. Any legal rights as set out in Clause 26.1 above shall apply in respect of the Supplier only so far as they relate to a contract for the sale of goods.
The Company shall not be held liable for any Product purchased via the Supplier and you shall indemnify the Company and hold the Company harmless from for any and all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by, you as a result of or in connection with purchase of any Product via the Supplier.
In the event of any dispute or if any other claim arises in respect of any purchase of a Product via the App and where the Company incurs or is subjected to any expense or other relevant cost in respect of any dispute or claim, you hereby agree to indemnify and reimburse the Company in full for any such expense or cost.
When placing an order for a Product through us you will receive written confirmation of your order from the Company via the App. This confirmation, however will be subject to acceptance of the order by the Supplier.
Your contract with the Supplier will subsist at the time when your order has been placed with the Supplier by the Company acting as your agent and that order has been duly accepted by the Supplier. The basis of your contract with the Supplier will be governed by the terms and conditions of the Supplier which in agreeing to these Terms you authorise the Company to accept on your behalf.

Schedule 1 – Terms & Conditions of Consultations

Consents and reliance on advice given in Consultations

The terms of this schedule cover all consultations, including those conducted by a Practitioner via video, audio and text (the Consultations) and by agreeing to receive a Consultation, you consent to the use of a remote service.
By accepting these Terms you acknowledge that due to the nature of communicating electronically, the security of such communication cannot be guaranteed by the Company despite their reasonable precautions taken by the Company to ensure the security of all communication and remote services.
When the Company receives an Order for a Consultation, the Company shall take reasonable steps to provide the Consultation within a reasonable time frame. However, the Company is unable to provide any guarantee that a consultation will be provided within a specific time frame.
Although the Company has taken reasonable steps to verify and confirm the identity of all of its Practitioners against the register of members found within the regulatory body’s database, the Company is unable to make representation or guarantee in relation to, nor shall it be responsible for, the qualifications or suitability of any Practitioner.
By accepting these Terms, you acknowledge that Consultations with Practitioners may be limited to 8 minutes in duration and that Consultations with a Specialist may be limited to 25 minutes in duration.
The provision of any Consultations will be subject to the availability of the relevant Practitioner.
General Practitioners (GPs) reserve the right to refuse to prescribe Medication or issue an onward referral to secondary care based upon their Profession Clinical Judgement.
Advice, information or other communications received remotely (whether by audio, video or text) are by their very nature limited relative to a face-to-face consultation. A non-face-to-face consultation therefore may be unsuitable in certain circumstances including but not limited to the circumstances set out in paragraph 1.9 below and by accepting these Terms you are deemed to acknowledge and consent to those limitations.

1. You should not rely on a non-face-to-face Consultation in the following circumstances:
2. Situations of an urgent nature or in an emergency,
3. where a physical examination is likely to be required or recommended,
4. any situation where the advice, information or other communication required is not suitable for remote communication.

By accepting these Terms, you acknowledge that it is your responsibility to assess whether any of the Services or advice received is suitable or sufficient for your needs and to what extent you should rely upon it. If, following the receipt of any Services, you have any concerns regarding the information or advice you have received or failed to receive from the Practitioner, you agree to seek further medical opinion from an New Zealand based registered GP or other medical practitioner who is not associated with the Company.

Our Practitioners commitment to you

Those of our Practitioners who are GPs have committed:
to provide a professional and transparent service that complies with Medical Council Guidelines on remote prescribing, essential standards of quality and safety as interpreted by best practice in New Zealand;
to volunteer where requested their name and Medical Council professional registration number when prescribing medicines and communicating with patients;
to prescribe medicines only when in their professional judgment it is in the patient’s best interests to receive the medicine being requested and, accordingly, to refuse to prescribe medicines when they believe it is not in the patient’s best interests to receive medicines without the benefit of a face to face consultation; and
to issue onward referrals to secondary care only when in their professional judgment it is in the patient’s best interests to receive the referral being requested and, accordingly, to refuse to refer when they believe it is not in the patient’s best interests;
to take all reasonable steps to protect patients’ personal information.

Subsequent amendment of these Terms

Notwithstanding that you may agree separate and independent terms and conditions (Practitioner Terms) with a Practitioner in relation to how that Practitioner is willing and able to provide various services to you, the Practitioner Terms shall in no way affect the application of these Terms to the extent that they apply to your relationship with the Company.