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.
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
Limitation of Liability
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.
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.
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.
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.
For general inquiries, complaints, questions or claims concerning the application, kindly contact:
Durban, KZN 4126