RebateRight Online Subscription Agreement
This RebateRight Online Subscription Agreement (“Agreement”) is entered into between Fortis Futura Pty Ltd, trading as RebateRight (“Fortis Futura,” “RebateRight,” “Licensor," "we", “us,” or “our”), and the entity you represent ("Licensee", "you" or "your").
It consists of the terms and conditions below and it is effective on the date we provide you with confirmation of your Subscription or the date on which your Subscription is renewed, as applicable, and is subject to change.
1. Definitions
1.1 "RebateRight API" means the proprietary software application programming interface developed and owned by Fortis Futura PTY LTD that enables real-time access to eligibility verification and related services using Services Australia and other external systems.
1.2 "Software" refers collectively to the RebateRight API, and any associated documentation, updates, or enhancements provided under this Agreement.
2. Grant of License
2.1 Upon payment of the applicable fees, we grant You a limited, non-exclusive, non-transferable, revocable license to access and use the RebateRight API for a period of twelve (12) months commencing from the date we provide you with confirmation of your Subscription or the date on which your Subscription is renewed, as applicable.
2.2 You control access by End Users, and you are responsible for their use of the Product in accordance with this agreement.
3. Restrictions
3.1 You shall not:
-
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software;
-
Use the Software for any unlawful or unauthorised purpose.
Note: Nothing in this clause prevents you from independently integrating with Services Australia or any of its systems.
4. Confidentiality
4.1 This Agreement, including all pricing, terms, and related communications, constitutes Confidential Information.
4.2 Each party agrees not to disclose the other’s Confidential Information to any third party without written consent, except to employees, agents, or advisors with a need to know, and only if bound by confidentiality obligations.
4.3 These obligations shall survive for two (2) years following termination or expiry of this Agreement.
5. Intellectual Property & Trademarks
5.1 Ownership: All rights, title, and interest in and to the Software, including all improvements or modifications, remain solely with Fortis Futura PTY LTD.
5.2 Trademarks: "RebateRight" is a registered trademark of Fortis Futura PTY LTD. You shall not use Our trademarks, branding, or logos except as expressly authorised in writing or as outlined in Section 6 (Branding Requirements).
6. Branding
6.1 You have the option to display "Powered by RebateRight" with a working link to https://www.rebateright.com.au wherever the integration is made visible to end users. This notice shall follow any branding guidelines we provide.
7. Service Availability and External Dependencies
7.1 The RebateRight API may rely on third-party systems, such as those operated by Services Australia to access Medicare. We cannot guarantee the continuous availability or performance of those systems. These systems may sometimes be unavailable or experience delays. When that happens, some features may not work as expected.
8. Unsupported MBS Item Numbers
8.1 A small subset of Medicare Benefits Schedule (MBS) item numbers are not supported by Medicare for online eligibility verification. In such cases, RebateRight may rely on internal heuristics, which are not Medicare-verified. Eligibility checking does not assess whether the patient's symptoms or clinical reasons meet the MBS criteria for claiming a specific item.
9. Limitation of Liability
9.1 To the maximum extent permitted by law, We are not liable for any indirect, incidental, special, or consequential damages arising from Your use of the Software.
9.2 Each party's total aggregate liability under this Agreement shall not exceed the total amount paid or payable by Licensee to Licensor during the six (6) months preceding the claim.
10. Patient Consent
10.1 Services Australia requires that patient consent be obtained prior to submitting an API request, this includes but is not limited to claiming and submitting eligibility checks.
10.2 You, as the Licensee, are solely responsible for obtaining consent that indicates the patient has authorised the practice location to submit a request on their behalf.
11. Minor ID and API Key Confidentiality
11.1 Your assigned Minor ID and API Keys are confidential credentials that are unique to your organisation. You must take all reasonable steps to protect them from unauthorised access, use, or disclosure.
11.2 You must not share, distribute, or disclose your Minor ID or API Keys to any third party or to any individual or entity outside of your organisation.
11.3 You must promptly notify our customer support team about any possible misuse of your accounts or authentication credentials or any security incident related to your credentials.
You can reach us at support@rebateright.com.au
12. Indemnity
12.1 You agree to indemnify, defend, and hold harmless Fortis Futura PTY LTD against any third-party claims, losses, damages, or expenses arising from Your breach of this Agreement or misuse of the Software.
12.2 Fortis Futura PTY LTD agrees to indemnify, defend, and hold harmless You against any third-party claims, losses, damages, or expenses arising from Our breach of this Agreement.
13. Pricing and Payment
13.1
Claiming Endpoints: use of any claiming endpoint will be charged at a rate of $0.20 (twenty cents) per Medicare Benefits Schedule item being claimed (plus GST, in AUD).
All other Endpoints: Unlimited API calls at $0.20 (twenty cents) per call (plus GST, in AUD).
Pre-purchased Credits: Where Credits are purchased upfront and in bulk, the applicable bulk credit rates will apply. Bulk Credits must be used within the period specified at the time of purchase.
13.2 Invoicing: Monthly invoices issued unless agreed otherwise.
13.3 Late Payments: We may suspend access to the API if payment is overdue by more than 15 days. Access shall be restored promptly upon payment of outstanding amounts.
13.4 Unexpected API Call Spikes: If there is an unexpected spike in API calls that appears inconsistent with normal or reasonably anticipated usage and is suspected to result from a system error or malfunction, both parties will cooperate in good faith to investigate the cause. If the spike is found to be due to an unintentional technical issue, and not misuse or legitimate high usage, any associated excess fees will be waived.
14. Definition of an API Call
14.1 Each request made to the RebateRight API—regardless of the endpoint accessed—is counted as one API call.
14.2 API calls may vary in function. For example:
-
A Calculate Rebate API call consists of a single request that includes patient demographic verification and validation for up to 50 Medicare Benefits Schedule (MBS) items. A single request covering multiple items for one patient is counted as one API call. While we do not limit the number of MBS items per request, Medicare supports checking up to 50 items at a time.
-
A Patient Verification API call, which only verifies a patient's demographic details, is also counted as one API call.
14.3 We may introduce additional endpoints and features over time. Each request to any API endpoint is counted as one API call unless otherwise specified in updated documentation or pricing terms.
15. Termination
15.1 Either party may terminate this Agreement immediately upon the other party's material breach not remedied within 14 days' written notice.
15.2 You may terminate this Agreement at any time by providing written notice to us, effective on the date specified in Your notice. If termination occurs within the first 14 days from the commencement of your subscription, no fees will be incurred.
15.3 We may terminate this Agreement for any reason with 30 days' written notice.
15.4 Upon termination, You must cease use of the API and delete any related documentation or data in Your possession.
16. Subscription Renewal
16.1 This Agreement automatically renews for additional 12-month terms unless terminated in accordance with Section 13.
16.2 Upon renewal of your Subscription, this agreement will terminate, and your Subscription will thereafter be governed, by the terms and conditions on the date on which your Subscription is renewed.
17. Free Support
17.1
-
We provide free support Monday to Friday, 9:00 AM – 5:00 PM (AEST/AEDT), excluding public holidays. Support includes usage assistance, troubleshooting and general questions.
-
Support excludes custom development, integrations, or service-level guarantees.
You can reach us at support@rebateright.com.au
18. Data Protection
18.1 Both parties shall comply with all applicable privacy laws, including the Australian Privacy Act 1988.
18.2 If personal or health data is processed, You agree to use such data only as required to use the API and implement reasonable safeguards against unauthorised disclosure.
19. Force Majeure
19.1 Neither party will be liable for delays or failure in performance due to events beyond its reasonable control, including natural disasters, cyberattacks, acts of government, or failure of third-party providers.
20. Assignment
20.1 You may not assign or transfer this Agreement without Our prior written consent. Any unauthorised assignment is void.
21. Dispute Resolution
21.1 The parties shall first attempt in good faith to resolve any disputes by negotiation. If unresolved within 30 days, either party may pursue formal dispute resolution or legal remedies.
22. Governing Law
22.1 This Agreement is governed by the laws of New South Wales, Australia. Any disputes shall be subject to the exclusive jurisdiction of the courts of New South Wales.
23. Entire Agreement
23.1 This Agreement constitutes the entire understanding between the parties and supersedes all prior communications or agreements, whether written or oral — relating to its subject matter.