MedSquirrel Website Terms and Conditions

1    Introduction

1.1    This website, (Website) is owned and operated by MedSquirrel (Pty) Ltd (MedSquirrel) and enables:

1.2    These Terms and Conditions (Terms) govern all use of the Website including by persons registered as patients and medical professional on the Website.

1.3    By using the Website, you are bound by these Terms.

1.4    Any communications in connection with these Terms must be sent to the MedSquirrel email address set out in the Website’s Contact page.  MedSquirrel will send communications to you at the email address provided by you during registration.  For delivery of legal process you must use MedSquirrel’s physical address set out in the Website’s Contact page.  MedSquirrel will serve legal process on you at the physical address provided by you during registration.

2    Creating a profile
To access certain features of the Website you must create a profile and register with MedSquirrel. All information required for registration must be fully and accurately supplied and updated by you when necessary to keep your information current. MedSquirrel reserves to the right to deactivate your profile if you supply any misleading information.

3    Login Credentials

3.1    Access to your profile and to certain features of the Website will be through a username and password (Login Credentials) selected by you. You must keep your Login Credentials secret and only you may use them. If you allow another person to use your Login Credentials, MedSquirrel will not be liable for any harm or loss you suffer. MedSquirrel may also deactivate your profile.

3.2    You may not use the Login Credentials of another user of the Website.

3.3    MedSquirrel will assume that any access to your account through your Login Credentials is by you.  You must notify MedSquirrel immediately if you become aware, or reasonably suspect, that another person has access to or has used your Login Credentials you must notify MedSquirrel and change your Login Credentials immediately.  If someone else does use the Website with your Login Credentials, you must also take reasonable steps to reduce the chances and severity of any loss or harm being suffered by you as a result.

4    Uploading documents

4.1    MedSquirrel enables users registered as:
(1)    patients to upload their medical information;

(2)    medical practitioners to upload medical publications and information.

4.2    No documents or publications uploaded may contain any harmful code, nor may you upload any documents where doing so constitutes an infringement of a third party’s intellectual property rights. Medical practitioners in particular must ensure that they have all necessary rights to upload publications of third parties and should accurately cite all sources of information

4.3    Any information or medical publications which you upload will be identified on the Website as having been uploaded by you.

4.4    You indemnify MedSquirrel against any losses damages, costs claims or penalties incurred buy it through a breach by you of clause 4.2.

5    Linking personal professional websites

5.1    Medical Practitioners may link their personal, professional website to the Website.

5.2    The personal, professional website which you link to the Website as a medical practitioner must be an internet website that concerns you in your professional capacity and must be owned by you or you must have the permission of the website owner for the linking. Links to social media websites or to personal internet websites that concern you in a non-professional capacity are not permitted.

5.3    You indemnify MedSquirrel against any losses damages, costs claims or penalties incurred buy it through a breach by you of clause 5.2.

6    Intellectual property

6.1    The MedSquirrel name and logo is the intellectual property of MedSquirrel and may not be used in any way without obtaining MedSquirrel’s prior written permission.

6.2    All other content on the Website not uploaded by users is either owned by MedSquirrel or licenced to it and you may not use, distribute, reproduce and/or adapt the content in any way without first obtaining MedSquirrel’s prior written permission.

7    Protection of personal information

MedSquirrel collects and processes personal information (as defined in the Protection of Personal Information Act, 2013) through and in connection with the Website.  By creating a profile on the Website, you consent to the collection and processing of your personal information.  For more information about how MedSquirrel handles personal information, see the Privacy Policy.

8    Security

8.1    MedSquirrel will take all reasonable technical and organisational measures to protect your information provided by you, as explained more fully in the Privacy Policy.

8.2    MedSquirrel has no control over any information or documents whilst being uploaded to the Website through the internet. You must therefore accept any risks of transmitting information and documents to the Website over the internet.

9    Disclaimers

9.1    MedSquirrel does not provide medical advice or treatment. No content published on the Website by MedSquirrel should be construed as medical advice or treatment even if it appears to be.  Users of the Website should always consult a qualified medical practitioner about any medical queries or treatment.

9.2    MedSquirrel makes no warranties or representations as to the accuracy or completeness of the information contained on the Website. In particular users are cautioned that much of the information available on the Website is posted by medical practitioners.  All information or publications posted by medical practitioners will be identified as having been posted by the relevant medical practitioner.  MedSquirrel cannot and does not verify the completeness or accuracy of any information posted by other users of the Website.

9.3    MedSquirrel uses standard protection software against viruses and other harmful code but does not warrant that the Website is free from all harmful software, viruses, errors or other devices that have the ability to corrupt a user’s computer.

9.4    MedSquirrel does not warrant that the Website is compatible with your computer equipment or software.

9.5    MedSquirrel does not guarantee or give any warranty as to the accuracy or completeness of any information or material on the Website.

9.6    The website contains links to other internet websites over which MedSquirrel has no control. Some internet websites contain offensive, obscene, upsetting or otherwise objectionable material.  Whilst Medsquirel does not intentionally link the Website to other internet websites containing such material, it is unable to ensure that they are free of it. You are advised to exercise caution when linking to other internet websites from the Website. MedSquirrel is not liable for any losses or damages suffered by you or claims you may have arising from the content of other internet websites.

10    Limitation of liability and indemnity

MedSquirrel and its employees, directors or agents will not be liable for, and you indemnify and hold MedSquirrel harmless against, any loss or harm, direct, indirect or consequential, arising from, or connected to—

(1)    your use of the Website;

(2)    your inability to use the Website;

(3)    any operational failure of the Website;

(4)    unlawful activity on the Website and/or any linked third party internet websites;

(5)    your reliance on any information or content provided on the Website, as MedSquirrel makes all reasonable efforts to ensure that the information and content on the Website is complete and accurate;

(6)    any virus downloaded from the Website by you;

(7)    your breach of any of the warranties given by you in these Terms;
(8)    you uploading or transmitting a virus, computer program or code onto the Website; and/or

(9)    breach of security through the Website.

11    Variation

MedSquirrel may, in its sole discretion, change any of these Terms at any time.  The current published version of the Terms always applies.  It is your responsibility to regularly check these Terms on the Website for changes or updates and your use of the Website after changes to the Terms take effect is your acceptance of those changes.

12    Severance

Any illegal or unenforceable provision of these Terms may be severed and the remaining provisions of these Terms continue in force.

13    Applicable law and jurisdiction

13.1    These Terms are governed by the law of South Africa. 

13.2    Except to the extent that any other regulatory authority has jurisdiction, you agree that the High Court of South Africa has jurisdiction over any disputes arising from these Terms.

14    Contact MedSquirrel
If you have any questions or comments regarding these Terms or the Website, please contact MedSquirrel here.