Terms of Service

Medscript is a mobile application developed for and operated by Medscript  (Pty) Ltd a company duly registered within the Republic of South Africa in  accordance with the Companies Act 71 of 2008 and in compliance with all  legislation and regulatory provisions to which it is subject. Medscript provides 

software created to facilitate the transfer of medical billing information to the  following service providers: billing companies; bureaux; account departments; or directly to billings clerks. The application and software are currently  customised for use with Apple mobile devices and is not limited in this regard.  Medscript seeks to facilitate paperless transfer of information from medical  professional to their respective billings and/or account departments seamlessly  and efficiently. Medscript further aims to simplify data collection and filing,  assist in data management, speed up billing processes, assist in improving cash  flow and improving medical insurance reimbursement times. The Medscript  application will be subscription based, with a monthly access fee payable for  access to the application and failure to renew the subscription monthly may  result in denial of access to the application and data, closure of the account  and deletion on all data irretrievably. 

End User License Agreement 

Medscript provides a limited license the use of its software to end-users. The  licensor remains Medscript (Pty) Ltd including ownership of the software and  any proprietary information related to the application. The address of the  licensor is Warner Beach, Amanzimtoti, Durban, KZN 4126, South Africa (for use  only under the terms of this agreement). By downloading the application from  the Apple App Store or the Google Play Store, and any update thereto (as  permitted by this agreement), the end user affirms their full agreement and  understanding of all these terms and agrees to be bound thereto. Medscript  (Pty) Ltd is solely responsible for the licensed application and the contents  thereof. This agreement may not provide for usage rules for the application  that are in conflict with the store’s latest Terms of Service. All rights not expressly  granted to end users are reserved. 

Scope of license 

End users are granted a non-transferable, non-exclusive, non-sublicensable  license to install and use the Application on any Android or Apple-branded  Products that the end user owns or control and as permitted by the usage rules  set forth in this section and the relevant store’s Terms of Service, with the  exception that such licensed Application may be accessed and used by other  accounts associated with the end-user via Family Sharing or volume  purchasing.

his license will also govern any updates of the Application provided by Licensor  that replace, repair, and/or supplement the initial application, unless a  separate license is provided for such update in which case the terms of that  new license will supersede this one. The end user may not share or make the  application available to third parties, except to the degree permitted by the  Apple, Google and with Medscript (Pty) Ltd ‘s prior written consent and may  not sell, rent, lend, lease or otherwise redistribute the application without such  consent. The end user may not reverse engineer, translate, disassemble,  integrate decompile, integrate, remove, modify, combine, create derivative  works or updates of, adapt, or attempt to derive the source code of the  application, or any part thereof (except with Medscript (Pty) Ltd’s prior written  consent) End users may not copy (excluding when expressly authorized by this  license and the usage rules) or alter the Application or portions thereof. End  users may create and store copies only on devices that they own or control for  backup under the terms of this license, the App Store Terms of Service, and any  other terms and conditions that apply to the device or software used.  Violations of the obligations mentioned above, as well as the attempt of such  infringement, may be subject to prosecution and damages. The Licensor  reserves the right to modify the terms and conditions of licensing and of this  agreement at any time without additional notice to the end user. 

Technical requirements 

The Application requires a firmware version Android 9.0 or iOS 14 or later. The  licensor recommends using the latest version of the firmware. The licensor shall  endeavour to keep the Application updated so that it complies with  modified/new versions of the firmware and new hardware and shall do so on  a best-effort basis. End users acknowledge that it is their responsibility to confirm  and determine that the app end-user device on which they intend to use the  application satisfies the technical specifications and minimum system  requirements detailed above. The licensor reserves the right to modify the  technical specifications as it sees appropriate at any time. 

Maintenance and Support 

The licensor is solely responsible for providing any maintenance and support  services for this licensed application. End users may reach the licensor at the  email address listed in the App Store overview for this application. Medscript  (Pty) Ltd and the end user both acknowledge and understand that Apple has  no obligation whatsoever to furnish any maintenance and support services  with respect to the application. 

Use of Data 

End users acknowledge that licensor will be able to access and adjust certain  categories of data within the application including limited personal 

information in accordance with its privacy policy found at http://www.medscript.co.za/privacypolicy. All data submitted will be stored in  the Google Firestore or other cloud storage provider that Medscript may elect to use. Data will be stored for a period of 3 months from date of entry before  being deleted and will commence a cycle for every entry at the 3 month anniversary of the entry date. Also. The obligation remains on end users to save  or archive all emails from sent from the app in order to save their data offline. All data that is not saved offline by the end user or archived may be lost  irretrievably and Medscript bears no warrant or liability for any data lost as a  result of the end user failing to carry out this obligation.  

Limitation of Liability 

The licensor takes no responsibility and bears no accountability for any  damages caused by the use, non-use or abuse of the application or any  actions ancillary thereto. To avoid loss of data, end users are encouraged to  make use of the backup functions of the application to the extent allowed by  applicable terms and conditions and terms of use. End users are advised that 

in case of misuse or manipulations of the application, they will be locked out  and their access to the application will be revoked. The licensor shall not be responsible for the loss of any end user data or information in any form or  format. The licensor assumes no accountability and liability in the event of  external hacks or leaks. The licensor takes no accountability and responsibility  in event of incorrect tariff codes used. The onus remains on end users to ensure  that the correct tariff codes are used. Entry of patient information is the sole  responsibility of the end user and the licensor takes no accountability and  responsibility in case of incorrect patient information being submitted. The  Licensor shall in any way be accountable or responsible in the case of  improper use of the application by the end user. 

Warranties 

The licensor warrants that the application is free of spyware, trojans, viruses, or  any other malware at the time of download. The licensor warrants that the  application has been tested and confirmed to be working as described in the  user documentation as at the date of this agreement. No warranty is provided  for the application that is not executable on the device, that has been  modified, handled inappropriately, combined or installed with inappropriate  hardware or software, used with inappropriate accessories, regardless of  whether by the end user or by third parties, or if there are any other reasons  outside of Medscript (Pty) Ltd’s sphere of influence that affect the executability  of the application. 

In the event of any failure of the application to conform to any applicable  warranty, end users may notify the licensor and the application purchase price  will be refunded to them. To the maximum extent permitted by applicable law,  the licensor will have no other warranty obligation whatsoever with respect to 

the application, nor any other claims for losses, claims, damages, liabilities,  expenses, and costs attributable to any negligence to adhere to any warranty. 

Termination 

The license is valid until terminated by Medscript (Pty) Ltd or by the end user.  The end user’s rights under this license will terminate automatically and without  notice from Medscript (Pty) Ltd if at any point they fail to adhere to any term/s of this license. Upon license termination, the end user shall immediately cease all use of the application, and destroy all copies, full or partial of the  application in its possession or under its control. 

Intellectual Property Rights 

Medscript (Pty) Ltd and the end user acknowledge that in the event of any  third-party claim that the application or the end user’s possession and use of  the application infringes on the third party’s intellectual property rights,  Medscript (Pty) Ltd and not Apple, will be solely responsible for the  investigation, defence, settlement and discharge or any such intellectual  property infringement claims. 

Applicable law 

This license agreement is governed by the laws of the Republic of South Africa. Miscellaneous 

If any of the terms of this agreement should be or become invalid, the validity  of the remaining provisions shall not be affected. Invalid terms will be replaced  by valid ones formulated in a way that will achieve the primary purpose. Collateral agreements, changes and amendments are only valid if laid down  in writing. The preceding clause can only be waived in writing. 

Contact Information

For general inquiries, complaints, questions or claims concerning the  application, kindly contact: 

J.Khan 

Warner Beach 

Amanzintoti 

Durban, KZN 4126 

South Africa 

info@medscript.co.za