DIGITAL PRODUCTS TERMS & CONDITIONS

1. Application of These Terms

The Rosa Institute Pty Ltd (A.C.N. 122 975 580) (“The Rosa Institute”, “we”, “our”, “us”) operates and provides various digital educational products (the “Digital Products”).

These Terms and Conditions (“Terms”) apply to all Digital Products offered by The Rosa Institute, including but not limited to:

• What Your Doctor Isn’t Testing But Should™
• What His Doctor Isn’t Testing But Should™
• Recurrent Miscarriage: What’s Being Missed™
• Implantation Failure: What’s Being Missed™
• Local Fertility Testing Access Guides™
• Fertility Supplement Filter™
• Fertility Meals, Done™
• Fertility Office Hours™
• A Conversation About What Comes Next™
• Any related downloadable materials, templates, recordings, subscriptions, or bonuses

By checking the acceptance box at checkout and completing your purchase, you agree to be bound by these Terms. If you do not agree, you must not proceed with the purchase.

2. Eligibility and Capacity

By using our Digital Products, you represent and warrant that:

• You are at least 18 years old and legally capable of entering into a binding contract;
• You have the legal capacity to comply with these Terms;
• All information you provide is accurate and complete; and
• You are not prohibited from receiving our Digital Products under applicable laws.

3. Educational Nature of Digital Products

You acknowledge and agree that:

• The Digital Products are educational and informational in nature;
• They do not constitute medical advice, diagnosis, or treatment;
• They do not replace consultation with your healthcare provider;
• Purchase does not create a clinician-patient relationship;
• No duty of care or therapeutic relationship arises from purchase or participation; and
• You should not construe any content as legal, tax, financial, or accounting advice.

If you wish to receive personalised treatment services, those services are governed by a separate written agreement.

4. No Guarantee of Outcomes

Fertility outcomes depend on numerous biological, medical, and individual factors beyond our control.

You acknowledge and agree that:

• We do not guarantee conception;
• We do not guarantee pregnancy;
• We do not guarantee live birth;
• We do not guarantee IVF, ICSI, IUI, or ART success;
• We do not guarantee the prevention of miscarriage; and
• We do not guarantee improvement in test results.

Any testimonials reflect individual experiences and are not guarantees of future outcomes. The individuals featured may have unique circumstances, skills, or factors that contributed to their results. Most purchasers of educational products do not achieve identical outcomes.

5. User Responsibility

You are solely responsible for:

• Your medical decisions;
• Consulting your primary healthcare provider before implementing changes;
• Ensuring supplements or lifestyle modifications are appropriate for you;
• Verifying any insurance, Medicare, NHS, or third-party health coverage information;
• Seeking emergency care where necessary; and
• Determining the suitability of our Digital Products for your specific situation.

You must not delay, avoid, or discontinue medical care based on information provided in Digital Products.

6. Fertility Office Hours™ and Live Sessions

Where Digital Products include live group sessions:

• Sessions are educational and general in nature;
• They do not constitute personalised treatment or supervision;
• They are not emergency services; and
• Individual case management is not provided.

You remain responsible for all medical decisions and follow-up with your healthcare provider.

If offered as a subscription:

• Billing is recurring as disclosed at checkout;
• You authorise automatic charges until cancellation;
• You may cancel prior to your next billing cycle; and
• No partial refunds are provided for unused time or resources.

7. Fertility Supplement Filter™ and Dispensary Access

Where Digital Products provide filtering tools or access to practitioner-grade supplements:

• This does not constitute a prescription or personalised medical treatment;
• Supplement suitability varies by individual;
• You must consult your healthcare provider before commencing supplementation; and
• The Rosa Institute does not guarantee the safety, efficacy, or suitability of any product for your circumstances.

Where dispensary purchases occur, separate ordering terms may apply.

8. Product Access and Updates

8.1 Access Duration

Upon purchase, you are granted access to the purchased Digital Product for the lifetime of that specific product, subject to these Terms and your continued compliance with them.

8.2 Product Updates vs. New Products

• Included Updates: You will receive access to updates, improvements, and supplementary materials added to your purchased Digital Product at no additional charge.
• Excluded New Products: We may create and release entirely new products that are substantially refilmed, redesigned, or reimagined versions of similar subject matter. These new standalone products are not included in your original purchase and must be purchased separately.
• Definition of New Product: A new product is considered separate if it is marketed as a distinct offering, has a separate product name or version number, or is presented as a successor or replacement product.

8.3 Platform Changes and Service Continuity

We reserve the right to change hosting platforms, learning management systems, or delivery methods for your Digital Product. If we migrate to a new platform, you will be provided access to your purchased content on the new platform at no additional cost. We will provide reasonable notice (minimum 30 days) before any platform migration that requires action on your part.

8.4 Business Closure or Product Discontinuation

In the event we cease operations or discontinue a Digital Product, we will make reasonable efforts to provide you with downloadable copies of your purchased materials or, at a minimum, 90 days’ notice. “Lifetime access” means the lifetime of the product offering, not an absolute guarantee of perpetual access.

9. Technology Requirements and Access

9.1 Your Technical Responsibility

You are responsible for:

• Maintaining a reliable internet connection;
• Providing compatible devices and up-to-date web browsers;
• Ensuring your email address is accurate, and you can receive our emails;
• Managing your login credentials securely, and
• Installing any necessary software or applications.

9.2 Minimum Requirements

Our Digital Products may require:

• High-speed internet connection;
• Modern web browser (Chrome, Firefox, Safari, or Edge);
• Enabled cookies and JavaScript;
• Device with sufficient storage space for downloads; and
• PDF reader for document-based materials.

9.3 Platform Availability

We strive for continuous availability but do not guarantee uninterrupted access. Our platform may be unavailable due to scheduled maintenance, emergency repairs, third-party service provider outages, or circumstances beyond our reasonable control. No refunds will be issued for temporary service interruptions.

10. Payment and Currency

All prices displayed at checkout are listed in United States Dollars (USD) unless otherwise stated.

The Rosa Institute Pty Ltd is an Australian company. If you are purchasing from outside the United States, your financial institution may apply currency conversion rates, international transaction fees, or other processing charges. The Rosa Institute is not responsible for exchange rate variations or fees imposed by your bank or payment provider.

Launch pricing, order bumps, upsells, and downsells each constitute separate purchases and are charged individually at the price displayed at the time of acceptance.

By completing a purchase, including any one-click upsell or subscription, you:

• Authorise The Rosa Institute to charge your nominated payment method;
• Confirm that you are the authorised holder of the payment method used;
• Agree to any recurring charges where applicable; and
• Agree to the terms of the relevant third-party payment processor.

Where a product includes recurring billing (such as subscription-based products), you authorise automatic charges at the disclosed billing interval until cancelled in accordance with the cancellation terms.

10.1 Failed Payments

If a payment fails, we will attempt to contact you via email and may attempt to process the payment up to 3 additional times. Access may be suspended if payment is not received within 15 days.

10.2 Chargebacks and Disputes

If you initiate a chargeback or payment dispute through your bank or payment processor without first contacting us at [email protected] to resolve the issue, we reserve the right to:

• Immediately terminate your access to all Digital Products;
• Pursue collection of the disputed amount plus administrative fees; and
• Deny you future access to our Digital Products and services.

If you have a legitimate concern, please contact us first so we can work toward a resolution.

We reserve the right to suspend access to Digital Products if payment is declined or reversed.

Nothing in this clause excludes rights available under the Australian Consumer Law.

11. Refunds

Due to the immediate access nature of Digital Products, all sales are final.

No refunds are provided for:

• Change of mind;
• Failure to use the product;
• Dissatisfaction;
• Technical issues on your end; or
• Duplicate purchases.

11.1 Non-Delivery or Access Issues

If you experience legitimate non-delivery or access issues, contact us immediately at [email protected]. We will work with you to resolve access issues. If we cannot provide access to your purchased Digital Product due to our error, you may be eligible for a refund. You must report access issues within 30 days of purchase.

11.2 Payment Plan Obligations

If you selected a payment plan, you remain obligated to complete all scheduled payments regardless of product usage. Non-payment may result in suspension or termination of access and collection actions.

Nothing in these Terms excludes rights available under the Australian Consumer Law.

12. Intellectual Property

12.1 Ownership

All materials contained within Digital Products are owned by or licensed to The Rosa Institute and are protected under Australian and international intellectual property laws.

12.2 Limited Licence

You are granted a limited, non-exclusive, non-transferable, revocable licence for personal use only. This licence does not grant you any ownership rights.

12.3 Prohibited Uses

You must not:

• Copy, reproduce, distribute, or resell materials;
• Share login credentials;
• Upload content to third-party platforms;
• Modify or create derivative works;
• Use materials for AI training or machine learning systems;
• Represent the materials as your own; or
• Remove, alter, or obscure any copyright, trademark, or proprietary notices.

12.4 Use of Likeness and AI Restrictions

You may not use any photographs, video, voice, likeness, or content from The Rosa Institute for the purpose of training, generating, or reproducing content through artificial intelligence or machine learning technologies. This includes but is not limited to deepfakes or synthetic media, voice replication or cloning, image generation or manipulation, and AI model training datasets.

12.5 Enforcement

Any unauthorised use may result in immediate revocation of access without refund and potential legal action, including claims for monetary damages and injunctive relief. The Rosa Institute reserves the right to enforce its intellectual property rights.

13. Confidentiality (Group Settings)

If participating in group sessions, you agree:

• To maintain the confidentiality of other participants;
• Not to share personal information disclosed during sessions; and
• That we may moderate participation for safety and professionalism.

14. User-Generated Content and Community Guidelines

14.1 Submission of Content

Some of our Digital Products may include community features such as forums, comments, chat groups, or social media communities where you can submit content. By submitting any content, you:

• Grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, modify, and display your submission for operational and marketing purposes;
• Represent that you own or have rights to the content submitted;
• Waive any moral rights in the content; and
• Agree not to submit content that is illegal, harmful, defamatory, or infringes on third-party rights.

14.2 Community Guidelines

You agree not to:

• Harass, bully, or threaten other community members;
• Share false, misleading, or deceptive information;
• Spam or engage in excessive self-promotion;
• Share others’ private information without consent;
• Promote illegal activities or prohibited products or services; or
• Impersonate others or misrepresent your affiliation.

14.3 Moderation Rights

We reserve the right to monitor, edit, or remove any user-generated content and to suspend or ban users who violate community guidelines. We are not obligated to moderate all content.

14.4 No Liability for User Content

We are not responsible for user-generated content and disclaim all liability for any harm arising from such content. Users are solely responsible for their own submissions.

15. Termination of Access

15.1 Grounds for Termination

We reserve the right to suspend or permanently revoke your access to any or all Digital Products if you:

• Violate these Terms in any material way;
• Share, distribute, or resell our proprietary content;
• Engage in abusive, threatening, or harassing behaviour toward our team or community;
• Initiate chargebacks or fraudulent payment disputes;
• Use our Digital Products for illegal or unethical purposes;
• Provide false information or misrepresent your identity; or
• Attempt to circumvent security measures or technological protections.

15.2 Notice and Opportunity to Cure

In most cases (except for severe violations), you will receive written notice via email and will have five (5) business days to resolve the issue or provide an explanation. Severe violations (such as intellectual property theft, fraud, or threatening behaviour) may result in immediate termination without notice or opportunity to cure.

15.3 Effect of Termination

Upon termination:

• Your access to all Digital Products will be immediately revoked;
• You must cease all use of our materials;
• You must delete or destroy any downloaded content;
• You remain liable for any outstanding payment obligations; and
• No refunds will be issued.

Sections of these Terms that by their nature should survive (including but not limited to Intellectual Property, Limitation of Liability, Indemnity, and Dispute Resolution) shall survive termination.

15.4 Your Right to Terminate

You may cease using our Digital Products at any time, but such cessation does not entitle you to a refund, release you from payment obligations, or terminate your obligations under surviving provisions of these Terms.

16. Assumption of Risk

You expressly acknowledge and agree that:

• Fertility treatment and health decisions involve inherent risks;
• Implementation of educational strategies may not yield the results you hope for;
• Individual biological, medical, and lifestyle factors affect outcomes; and
• No educational product can guarantee specific health or fertility outcomes.

You assume full responsibility and risk for all decisions made based on our Digital Products, your implementation of information provided, and any outcomes, results, or consequences of your actions or inaction.

17. Limitation of Liability

17.1 Maximum Liability

To the fullest extent permitted by law, the total liability of The Rosa Institute arising out of or in connection with the Digital Products will not exceed the amount paid by you for the relevant Digital Product.

17.2 Exclusion of Damages

In no event shall The Rosa Institute be liable for:

• Indirect or consequential loss;
• Emotional distress;
• Financial loss;
• Medical outcomes;
• Loss of opportunity;
• Lost profits, revenue, or business opportunities;
• Loss of data;
• Decisions made based on educational content; or
• Damages arising from reliance on content or information provided.

This exclusion applies regardless of whether we were advised of the possibility of such damages.
Nothing in these Terms excludes liability that cannot be excluded under Australian law.

18. Indemnity

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless The Rosa Institute, its owners, officers, employees, contractors, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) arising from or related to:

• Your use or misuse of Digital Products;
• Your breach of these Terms;
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights;
• Your violation of any applicable laws or regulations;
• Any content you submit, post, or transmit through our platforms;
• Decisions you make based on the educational materials; and
• Any representations or warranties you make that are based on our content.

This indemnification obligation survives termination of these Terms and your use of our Digital Products.

19. Force Majeure

The Rosa Institute shall not be liable for any failure or delay in performance of our obligations under these Terms due to causes beyond our reasonable control, including but not limited to:

• Acts of God (earthquakes, floods, fires, storms, pandemics);
• War, terrorism, civil unrest, or government actions;
• Internet service provider failures or cyberattacks;
• Failures of third-party hosting, payment, or service providers;
• Utility failures or telecommunications outages; and
• Changes in laws or regulations that prohibit our operations.

In the event of force majeure lasting more than 90 days, either party may terminate affected obligations without liability.

20. Dispute Resolution

20.1 Informal Resolution Requirement

Before initiating any formal dispute resolution, you agree to contact us at [email protected] with a detailed description of your concern. We will attempt to resolve the matter informally within 30 days. This step is mandatory before proceeding to mediation or litigation.

20.2 Mediation

If informal resolution is unsuccessful, any dispute arising out of or relating to these Terms shall first be submitted to mediation administered by a mutually agreed mediator in New South Wales, Australia. The costs of mediation shall be shared equally between the parties unless otherwise agreed.

20.3 Litigation

If mediation does not resolve the dispute within 60 days, either party may commence proceedings in the courts of New South Wales, Australia.

20.4 Class Action Waiver

To the fullest extent permitted by law, you agree that disputes will be resolved only on an individual basis and not as a class action, consolidated action, or representative action.

21. SMS/Text Messaging Terms

21.1 Consent to Receive SMS

By providing your phone number at checkout, through a lead form, or by engaging with our keyword opt-in campaigns, you expressly consent to receive recurring automated promotional and personalised marketing text messages (e.g., product updates, exclusive offers, launch announcements) from The Rosa Institute.

21.2 Message Details

Message frequency varies depending on your activity and our promotions. Message and data rates may apply based on your mobile carrier’s plan. We are not responsible for any charges incurred.

21.3 Opt-Out and Help

To unsubscribe, reply STOP to any message. For help, reply HELP or contact [email protected]. You will receive a one-time confirmation message when you opt out.

21.4 Not a Condition of Purchase

Consent to receive SMS is not a condition of any purchase. You may make purchases without providing your phone number or by opting out of SMS at any time.

21.5 Privacy

We will never sell or share your mobile number with third parties for their marketing purposes. Your mobile data will be handled in accordance with our Privacy Policy.

22. Affiliate and Third-Party Disclaimers

22.1 Affiliate Relationships

We may promote, reference, or recommend third-party products, services, tools, or platforms (including but not limited to supplement brands, testing laboratories, and health service providers). In some cases, we may receive affiliate commissions or other compensation for these recommendations. Such relationships do not influence our educational content. We only recommend products and/or services that we use and recommend for patients under treatment in our clinic because we consider them effective or the best currently available option in the marketplace.

22.2 No Endorsement or Guarantee

Mention of any third-party product, service, company, or individual does not constitute an official endorsement, a guarantee of results, a warranty of quality, fitness for purpose, or merchantability, or an assumption of liability for third-party actions or products.

22.3 Third-Party Links

Our Digital Products may contain links to third-party websites or resources. We are not responsible for the content, accuracy, or legality of third-party sites, their privacy practices, or products or services sold by third parties. You access third-party sites at your own risk.

22.4 Tools and Platform Changes

Third-party tools, platforms, or services recommended in our Digital Products may change their features, pricing, or availability, modify their terms of service, or discontinue operations. We are not responsible for such changes and make no guarantees about the continued availability or suitability of any third-party resource.

23. Electronic Communications and Signatures

23.1 Consent to Electronic Communications

You consent to receive communications from us electronically, including via email, SMS, or through our platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

23.2 Electronic Signatures

By checking a box, clicking a button, or completing a purchase on our platform, you are providing a legally binding electronic signature that has the same force and effect as a handwritten signature.

24. Assignment

24.1 Our Right to Assign

We may assign, transfer, or delegate our rights and obligations under these Terms to any third party without your consent, including in connection with a merger, acquisition, sale of assets, or by operation of law.

24.2 Your Restrictions

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this section is void.

25. Modifications to Terms

25.1 Right to Modify

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Material changes will be communicated via email to your registered email address and/or notice posted on our website.

25.2 Effective Date of Changes

Changes become effective immediately upon posting for new customers and 30 days after notification for existing customers (unless sooner acceptance is required by law).

25.3 Continued Use Constitutes Acceptance

Your continued use of our Digital Products after any modification to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, your sole remedy is to discontinue use of our Digital Products (without entitlement to a refund).

25.4 Version Control

We will maintain version history showing the effective dates of Terms modifications. You may request previous versions by contacting us.

26. Privacy and Data Protection

26.1 Privacy Policy

Your use of our services is also governed by our Privacy Policy. The Privacy Policy is incorporated into these Terms by reference.

26.2 Data Collection and Use

By using our Digital Products, you acknowledge and consent to collection of personal information as described in our Privacy Policy, use of cookies, tracking pixels, and similar technologies, marketing communications (subject to your opt-out rights), and transfer and storage of data.

26.3 Australian Privacy Act

We comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. You have rights under this legislation regarding your personal information.

26.4 EU/UK Users

If you are located in the European Union or United Kingdom, you have additional rights under GDPR/UK GDPR. See our Privacy Policy for details on your rights and our data protection practices.

26.5 Data Security

While we implement reasonable security measures, we cannot guarantee absolute security. You acknowledge the inherent risks of internet transmission and electronic storage.

27. Accessibility

27.1 Accessibility Commitment

We strive to make our Digital Products accessible to individuals with disabilities. While we aim to follow Web Content Accessibility Guidelines (WCAG) 2.1 Level AA where practicable, we do not guarantee full compliance.

27.2 Accommodation Requests

If you require accommodation to access our Digital Products due to a disability, please contact us at [email protected]. We will make reasonable efforts to provide accommodation where possible.

28. International Users

28.1 Eligibility by Location

Our Digital Products are intended for users in jurisdictions where such products are legal. You are responsible for ensuring your use complies with local laws.

28.2 Currency and Language

Unless otherwise specified, all prices are in United States Dollars (USD) and all content is provided in English. We do not guarantee accurate translation into other languages.

28.3 Cross-Border Responsibilities

If you access our Digital Products from outside Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You acknowledge that your information may be transferred to and processed in Australia and/or the United States.

29. Regulatory Compliance

29.1 Australian Consumer Law

Nothing in these Terms is intended to exclude, restrict, or modify any rights or remedies that you may have under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or equivalent state or territory legislation which cannot be excluded, restricted, or modified.

29.2 Spam Act 2003

Our electronic marketing communications comply with the Spam Act 2003 (Cth). We include clear identification in all messages, provide functional unsubscribe mechanisms, and honour opt-out requests promptly.

29.3 Therapeutic Goods Act

Our Digital Products do not advertise, promote, or supply therapeutic goods within the meaning of the Therapeutic Goods Act 1989 (Cth). Any references to supplements, testing, or health-related matters are educational in nature.

29.4 Health and Wellness Claims

We do not make claims about curing, treating, or preventing diseases. We do not guarantee specific health outcomes. Individual results vary and depend on personal factors. You should consult healthcare professionals before making health decisions.

30. Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales, subject to the dispute resolution process set out in Section 20.

31. Entire Agreement and Severability

31.1 Entire Agreement

These Terms, together with our Privacy Policy and any product-specific terms, constitute the entire agreement between you and The Rosa Institute regarding your use of our Digital Products and supersede all prior or contemporaneous communications, proposals, or agreements.

31.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision shall be severed, and the remaining provisions shall continue in full force and effect.

31.3 No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless made in writing and signed by an authorised representative of The Rosa Institute.

31.4 Headings

Section and subsection headings are for convenience only and shall not affect the interpretation of these Terms.

32. Contact Information

If you have any questions about these Terms and Conditions, please contact us at:
Email: [email protected]
Business Name: The Rosa Institute Pty Ltd (A.C.N. 122 975 580)
Response Time: We strive to respond to inquiries within 2-3 business days.

33. Acceptance

BY COMPLETING YOUR PURCHASE, CHECKING THE ACCEPTANCE BOX, OR USING OUR DIGITAL PRODUCTS, YOU ACKNOWLEDGE THAT:

• You have read these Terms and Conditions in their entirety;
• You understand these Terms and agree to be bound by them;
• You have had the opportunity to seek independent legal advice if desired;
• You are entering into a legally binding agreement;
• You understand the no-refund policy and assume all risks associated with your purchase; and
• You waive any claim that these Terms are invalid, unenforceable, or not legally binding.

Last Updated: February 2026
These Terms and Conditions are subject to change. It is your responsibility to review them periodically. Continued use after changes constitutes acceptance of modified Terms.