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MSD4Access terms of use agreement

  1. Provision of the Website

    The Website is owned and operated by MSD, a member of the Merck & Co., Inc. group of companies.

  2. Definitions

    2.1 In this terms of use agreement ("Terms"):

    2.1.1
    "Medical Schemes" means medical schemes registered in terms of the Medical Schemes Act, 1998 and for the purposes of this agreement include administrators and managed care organisations contracted by medical schemes to render such services to the scheme;

    2.1.2
    "Request" means the service which may be required by a Medical Scheme, from time to time, in relation to treatments and/or medication which you intend to prescribe to a Patient;

    2.1.3
    "Patient" means any one of your patients to be prescribed certain medication and/or treatment;

    2.1.4
    "Privacy Policy" means the privacy policy adopted by us and which forms part of these Terms;

    2.1.5
    "Services" means the services to be provided to you by us, via the Website, as described in these Terms, which will enable you to (i) submit a request to MSD to assist you with the compilation of a Request to be submitted to a Medical Scheme in relation to any treatment and/or medication which you intend to prescribe to a Patient, and (ii) access various information resources pertaining to managed health care, including applicable statutes, treatment guidelines, policies and guidelines;

    2.1.6
    "Univadis Website" means the website which is accessible at the URL: www.univadis.co.za, which enables you to access independent medical news and resources ("Univadis Service");

    2.1.7
    "use" means to use, access, refer to, or view the Services;

    2.1.8
    "We", "our", "us" and "MSD" means MSD (Proprietary) Limited, registration number 1996/003791/07, registered in South Africa and conducting business from 117 16th Road, Halfway House, 1685, South Africa;

    2.1.9
    "Website" means the website which is accessible at the URL: www.msd4access.co.za; and

    2.1.10
    "you" and "your" means a medical healthcare professional that makes use of the Services. Although persons who are not registered medical professionals are not authorised to access the website, a professional that provides his/her log-in details to a third party takes full legal responsibility for doing so, and such persons will not escape being held to these terms and conditions.

  3. What do these Terms regulate?

    These Terms and Conditions regulate the terms and conditions upon which you may use this Website, the Services and the other the information, materials or content, available on or through this Website ("the Website Content"), whether or not the Website Content is provided by or belongs to the MSD, its affiliates, subsidiaries, holding companies, partners, third-party providers or any other party. The Website Content includes but is not limited to any software, icons, text, graphics, photographic images, sound clips, advertisements, music, video clips, Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Program-Carrying Signals, Published Editions, Computer Programs, artwork trade names, logos, designs, trade marks and service marks which are displayed on or incorporated in this Website. The terms "Literary Works", "Musical Works", "Artistic Works", "Sound Recordings", "Cinematograph Films", "Program-Carrying Signals", "Published Editions", and "Computer Programs" shall bear the meanings assigned to such terms in the Copyright Act 98 of 1978.

  4. Your agreement to comply with these Terms

    4.1 You must know and understand:

    4.1.1
    the terms and conditions regulating your access to, and use of, the Univadis Website ("Univadis Terms");

    4.1.2
    these Terms; and

    4.1.3
    the privacy policy adopted by us and which forms party because together they will constitute a binding agreement between you and us.

    4.2
    The Univadis Terms (including the privacy policy included in the Univadis Terms) are incorporated in these Terms by reference and you agree to be bound by such terms and conditions as if they had been included in these terms in full. Click here to read the Univadis Terms and conditions, as well as the privacy policy.

    4.3 If there is any conflict between the Univadis Terms and these Terms, these Terms will apply.

    4.4 You agree that:

    4.4.1
    using the Services will constitute your acceptance of these Terms and the Univadis Terms; and

    4.4.2
    we may at any time amend, or impose additional terms and conditions relating to the Service, the content, products, facilities or functionality which is made available by us or our affiliates, subsidiaries, holding companies or partners, by way of this Website or otherwise ("the Additional Terms and Conditions"). If you wish to use the Services, Website Content, products, facilities or functionality, you must agree to the Additional Terms and Conditions.

    4.5
    If you do not want to be bound by these Terms (including any Additional Terms and Conditions) and/or the Univadis Terms, you must not continue to use the Services.

    4.6
    You may print a copy of these Terms. If you have any difficulty printing these Terms or require help getting a hard copy of these Terms, you should contact our support team on +27 11 655 3000 or send us an email at msd4ccess@merck.com.

  5. The Services

    5.1 The Services offered by us are aimed at assisting you with the completion of Requests required by Medical Schemes.

    5.2 In order for us to assist you with completing a Request, as part of the Services, the following will be required:

    5.2.1
    first be required to register for the Services, as prescribed in these Terms;

    5.2.2
    once you have registered, you will be able to create an "assistance request" (by submitting certain specified information to us) in respect of each Request that you require assistance with;

    5.2.3
    upon receipt of the completed assistance request, we will send you a confirmation email which confirms our receipt of the assistance request; and

    5.2.4
    we will contact you as soon as possible thereafter, using the details that you provide to us, to provide you with the assistance that you require in relation to the applicable Request.

    5.3
    If you require any further information on the Services you may contact our support team on +27 11 655 3000 or send us an email at msd4ccess@merck.com.

  6. Accessing the Services

    6.1
    To use the Services, you will be required to first register for the Univadis Service on the Univadis Website by completing the registration information set out therein. As part of the registration process, you will be required to create a username and password, which will enable you to access the Univadis Services. Once you have registered for the Univadis Service, you will be able to use your Univadis credentials (i.e. your username and password) to access the Website and the Services.

    6.2
    You may at any time change your unique personal username and password. You will be solely responsible for keeping your username and password secret. You agree to notify us immediately on +27 11 655 3000 or send us an email at msd4ccess@merck.com should you suspect that another person has obtained access to your username and password or if you are aware of any unauthorized use of your username and password. You should not share your username and password and not allow any other person to use it.

    6.3
    To the extent permitted by law, you will be responsible for any loss or damage you may suffer if any other person accesses the Services using your username and password.

    This paragraph constitutes an assumption of risk, liability, or both by you and places a legal responsibility on you to ensure that you keep your username and password secret. This paragraph also limits your rights and remedies against us if you do not keep the username and password secret or do not notify us when you have any reason to suspect that your username and password have been used or accessed by a third party.

    6.4 You must notify us should there be a change in any of your contact details, or any of the other details required by us to render the Services.

  7. Scope of permitted use

    7.1
    Subject to these Terms and Conditions and any Additional Terms and Conditions, this Website and the Website Content may only be used by you for the purposes accessing the Services and for lawful personal and non-commercial purposes ("the Permitted Use"). The Permitted Use does not extend to the source code of this Website or of the source code of any software or computer program that forms part of the Website Content.

    7.2
    In addition, you are not allowed, without our prior written approval, to:

    7.2.1
    frame, link to, modify, distribute, commercialise, exploit and/or alter this Website or the Website Content;

    7.2.2
    incorporate any part of the Website Content in any other work or publication; and/or

    7.2.3
    perform any other act which may not be considered fair use. (collectively "Prohibited Acts")

    7.3
    These Terms and any restrictions on the use of this Website or the Website Content will also apply to any part of this Web site or the Website Content or the Website Content which is cached when using this Website. It refers, amongst others and without limitation, to website content provided by MSD, provided or extracted from third party sources, such as the EDL or CMS algorithms and links to third party sources or websites.

    7.4
    Requests for approval to perform a Prohibited Act must be submitted to +27 11 655 3000 or send us an email at msd4ccess@merck.com. We will be entitled, in our sole discretion, to withhold or grant consent. We may also impose any conditions on any consent which is granted.

    7.5 MSD may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate:

    7.5.1
    the operation of this Website, the Services or any of the Website Content; or

    7.5.2
    your right to use this Website, the Services or any of the Website Content.

    7.6 You may not transfer any rights granted to you in terms of these Terms to any other person or entity.

    7.7 MSD is allowed to grant the same, similar, additional or different rights to any other person or entity.

    7.8
    You are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you for purposes of the Permitted Use, such as the correct and updated internet browser.

    7.9
    In using the Website, you undertake to refrain from performing or attempting to perform any of the following actions or facilitating the performance or attempted performance of such actions by other persons:

    7.9.1
    any action that violates any of these Terms;

    7.9.2
    fraud, including without limitation to its common law meaning, solicitation or inducement of any person to participate in any commercial or non-commercial activities or any other activity that is unlawful; and

    7.9.3
    violation or infringement of any intellectual property rights contained in clause 6 below.

  8. Exclusion of liability for Use of this Website and the Website Content

    8.1 Use of this Website and the Website Content is entirely at your own risk.

    8.2
    Subject to the provisions of the Electronic Communications and Transactions Act, No. 25 of 2002 ("the ECT Act"), the Consumer Protection Act No. 68 of 2008 (“the CPA”) and to the fullest extent allowed by law, MSD will not have any liability whatsoever in relation to this Website, the Services rendered through it and the Website Content. You hereby indemnify MSD against any loss, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential, arising from your use of or reliance on this Website, the services rendered through the Website as a conduit or the Website Content, or any actions or transactions resulting therefrom, even if MSD has been advised of the possibility of such loss, liability, expense, claim, penalty or damages.

    8.3
    In addition to the general scope of clauses 8.1 and 8.2 above and to the fullest extent allowed by law, MSD will not be liable for any unavailability, interruption, downtime, malfunction, or failure of this Website or the Website Content for any reason whatsoever.

    8.4
    To the fullest extent allowed by law, if any of the limitations or exclusions of the liability of MSD in these Terms are held by any competent court, arbitrator or authority to be invalid or unenforceable, in no event will the total cumulative liability of MSD to you exceed R1 000 (one thousand rand).

    8.5
    For the purposes of this clause 8 and clause 10 below, any reference to MSD will be considered to also include the employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service providers, suppliers and content providers of MSD.

  9. Exclusion of warranties and representations

    9.1
    Any views or statements made or expressed on this Website or on documents available on, or through website links, are not necessarily the views of MSD, MSD's affiliates, subsidiaries, holding companies, partners, directors, employees, officers, servants and/or agents.

    9.2 This Website and the Website Content is provided "as is" and is subject to change without notice.

    9.3
    Subject to the provisions of the ECT Act, this Website, the Service and the Website Content is provided without any representation or warranty whatsoever, whether express, implied or statutory. This includes but is not limited to any representation or warranty as to the operation, integrity, compatibility, availability or functionality of this Website or as to the operation, accuracy, completeness, integrity, compatibility, availability, functionality or reliability of the Website Content.

    9.4
    MSD also makes no warranty or representation, whether express or implied, that the Website Content is free of viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system, computer network, any handset or mobile device, or your hardware or software. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software.

    9.5 MSD does not accept any responsibility for any errors or omissions on this Website or the Website Content.

    9.6
    You must not rely on any warranty or representation, which allegedly induced you to agree to these Terms, unless the representation or warranty is recorded in these Terms.

    9.7
    Unless otherwise expressly stated on the Website, this Website, the services rendered through the Website and the Website Content is not intended to, and does not, constitute advice or a recommendation of any nature at all in respect of, but not limited to, any entity, institution, patient treatment, care, or healthcare products or services in general or any other service or product.

  10. References and links to and from other web sites, products and services

    10.1
    This Website may contain references or links to other web sites ("Other Web Sites") and to the products, documents, opinions or services of third parties. These references or links are not intended to be, and should not be interpreted as an endorsement, recommendation, or affiliation to these Other Web Sites or the opinions, products, services of third parties. Your use of Other Web Sites or the products or services of third parties will be entirely at your own risk.

    10.2
    Subject to the provisions of the ECT Act and the CPA and to the fullest extent allowed by law, MSD is not responsible for any loss, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential, arising from or related to the reliance on, use or attempted use of Other Web Sites or the opinions, products or services of third parties.

    10.3
    You may not make (and you may not allow any third party to make) any reference to MSD, this Website, the Service or the Website Content, whether by way of a link or otherwise, where the reference could in any way be interpreted as an endorsement, affiliation, or recommendation by MSD in relation to you or a third party, or of your services, products, opinions or conduct or those of a third party.

  11. Intellectual Property Rights

    11.1
    The Website, the Website Content and the Services are protected by law. This incorporates all intellectual property rights in respect of the Website, the Website Content and the Services, including all rights, title and interest (statutory and common law) in copyright, designs, trade marks and inventions. Any unauthorised use of the Website, the Website Content and the Services and all intellectual property rights related thereto, is prohibited.

    11.2
    All intellectual property rights, including all rights, title and interest (statutory and common law), of whatsoever nature existing now and in the future, remain the absolute property of MSD.

    11.3
    You will not acquire any right, title or interest, including any intellectual property rights, in or to the Website, the Website Content or the Services other than those rights expressly granted to you in these Terms.

    11.4
    Where any of the Website Content has been licensed to us or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

  12. Variation of certain deeming provisions in the ECT Act

    By using the Website and/or the Services, you agree that these Terms create a binding agreement between us and you, even though these Terms are wholly or partly in the form of a data message. You agree specifically that:

    12.1 the agreement will be treated as if it was concluded at our physical address on the date on which you first made any use of the Website;

    12.2 an electronic signature is not required by you or us for purposes of agreeing to these Terms;

    12.3 your use of the Website and/or the Services is sufficient evidence of your agreement to these Terms;

    12.4
    any data message sent by either you or us to the other will be deemed to have been sent from our physical address if neither your usual place of business nor residence is located within South Africa;

    12.5
    subject to the further provisions of these Terms, any communication sent to you by an information system programmed to operate automatically on our behalf will be a data message attributable to, or authorised by us;

    12.6
    subject to the further provision of these Terms, a data message sent by you to us will only be treated as having been received by us when an acknowledgement of receipt is sent by us personally or a person who had authority to act on our behalf in respect of that data message; and

    12.7
    these Terms will be interpreted and implemented in accordance with the laws of South Africa and you agree to the jurisdiction of the courts of South Africa.

  13. Privacy Policy

    Please refer to our Privacy Policy for information on how MSD protects your personal information

  14. Support

    Should you experience any difficulties with any aspect of the Services you may contact our support team on +27 11 655 3000 or send us an email at msd4ccess@merck.com.