Medinsert Terms and Conditions

Governing the Use of the Medinsert Website and Mobile Application

Version	1.0
Effective Date	April 2026
Governed By	Laws of the Republic of South Africa
Operator	Medinsert (Pty) Ltd
Contact	[email protected]

IMPORTANT: These Terms and Conditions constitute a legally binding agreement between you and Medinsert (Pty) Ltd. By accessing or using the Medinsert platform, you confirm that you have read, understood, and agreed to be bound by these Terms. If you do not agree, you must not access or use the Service.

PREAMBLE AND INTRODUCTION

Medinsert is a digital health information platform operated by Medinsert (Pty) Ltd, a technology company registered and operating in the Republic of South Africa. The platform is accessible via the website medinsert.co.za and its associated mobile application (collectively, the “Service” or “Platform”).

Medinsert is designed exclusively for use by registered and licensed healthcare professionals in South Africa, including but not limited to pharmacists, medical practitioners, nurses, and other allied health professionals registered with their respective statutory councils. The Service provides access to South African Health Products Regulatory Authority (SAHPRA)-approved medicine package inserts (Patient Information Leaflets and Professional Information documents), clinical reference tools, and related pharmaceutical information.

These Terms and Conditions (“Terms”) govern your access to and use of the Medinsert website, mobile application, application programming interfaces (APIs), and all associated features, content, and services. These Terms must be read in conjunction with our Privacy Policy, which is incorporated by reference.

By creating an account, accessing, browsing, or using any part of the Service, you acknowledge that you have read and understood these Terms and agree to be legally bound by them. If you are accessing the Service on behalf of an organisation or institution, you warrant that you have the authority to bind that organisation to these Terms.

SECTION 1: DEFINITIONS AND INTERPRETATION

1.1 Definitions

In these Terms, the following words and expressions shall have the meanings assigned to them, unless the context requires otherwise:

Term	Meaning
“Account”	A registered user profile created on the Medinsert Platform, enabling access to authenticated features and content.
“App” or “Application”	The Medinsert mobile application available on iOS and/or Android platforms.
“Company”, “We”, “Us”, or “Our”	Medinsert (Pty) Ltd, the operator of the Medinsert platform, its officers, directors, employees, agents, and assigns.
“Content”	Any text, images, data, package inserts, Professional Information documents, Patient Information Leaflets, pharmaceutical data, clinical information, PDFs, or other material made available through the Service.
“Electronic Communications Act”	The Electronic Communications and Transactions Act 25 of 2002 (ECT Act), as amended.
“HPCSA”	The Health Professions Council of South Africa, the statutory body governing health professions in South Africa.
“Intellectual Property”	All patents, trademarks, trade names, domain names, design rights, copyright, database rights, trade secrets, know-how, and any other intellectual or industrial property rights, whether registered or unregistered.
“Medicine”	Any medicine as defined in the Medicines and Related Substances Act 101 of 1965, as amended.
“Package Insert”	The Professional Information (PI) and/or Patient Information Leaflet (PIL) documents approved by SAHPRA for a specific medicine, providing clinical and pharmacological information.
“Personal Information”	Information as defined in the Protection of Personal Information Act 4 of 2013 (POPIA), relating to an identifiable natural or juristic person.
“Platform”	The Medinsert website (medinsert.co.za) and mobile application, collectively.
“POPIA”	The Protection of Personal Information Act 4 of 2013, as amended.
“SAHPRA”	The South African Health Products Regulatory Authority, established under the South African Health Products Regulatory Authority Act 35 of 2015.
“Service”	All features, functionality, content, tools, APIs, and services provided by or through the Medinsert Platform.
“Subscription”	A paid or free-tier access arrangement to specific features or content on the Platform.
“Terms”	These Terms and Conditions, together with any amendments, schedules, and supplementary policies incorporated herein.
“User”, “You”, or “Your”	Any registered healthcare professional or authorised person who accesses or uses the Medinsert Service.
“User Content”	Any content, data, comments, annotations, or information uploaded, submitted, or transmitted by Users through the Service.

1.2 Interpretation

Unless the context clearly indicates otherwise, words in the singular include the plural and vice versa.
Reference to any legislation or statutory provision includes any amendment, replacement, or re-enactment thereof.
Headings are for convenience only and do not affect the interpretation of these Terms.
The word “including” means “including without limitation.”
References to “days” mean calendar days unless otherwise specified.

SECTION 2: ELIGIBILITY AND REGISTRATION

2.1 Eligibility Requirements

The Medinsert Service is intended exclusively for use by registered healthcare professionals in the Republic of South Africa. By registering for and using the Service, you represent, warrant, and confirm that:

You are a healthcare professional duly registered with the relevant statutory council in South Africa, including but not limited to the Health Professions Council of South Africa (HPCSA), the South African Pharmacy Council (SAPC), the South African Nursing Council (SANC), the Allied Health Professions Council of South Africa (AHPCSA), or any other applicable regulatory body.
Your registration with your relevant professional council is current, valid, and in good standing at the time of registration and throughout your use of the Service.
You are at least eighteen (18) years of age.
You have the legal capacity to enter into binding agreements under South African law.
You are accessing the Service for professional, clinical, educational, or research purposes related to your healthcare practice.
You will not provide access to your Account to any person who does not meet the eligibility criteria set out in this section.

2.2 Registration Process

To access full features of the Service, you are required to create an Account. During registration, you agree to:

Provide accurate, current, and complete information about yourself, including your full name, professional registration number, council registration body, professional category, and a valid email address.
Maintain and promptly update your account information to keep it accurate, current, and complete at all times.
Maintain the security and confidentiality of your login credentials, including your password.
Accept responsibility for all activities that occur under your Account.
Immediately notify us at [email protected] if you suspect any unauthorised access to or use of your Account.

2.3 Account Verification

Medinsert reserves the right, at its sole discretion, to verify your professional registration credentials with the relevant statutory council or through third-party verification services. You consent to such verification and undertake to cooperate fully with any verification process, including providing supporting documentation when requested. Failure to cooperate with or pass verification may result in suspension or termination of your Account.

2.4 Single Account Policy

Each individual user is permitted to maintain only one (1) Account on the Platform. Creating multiple accounts, whether to circumvent restrictions, obtain additional access, or for any other reason, is strictly prohibited and constitutes a material breach of these Terms.

2.5 Student and Intern Professionals

Final-year healthcare students, pharmacy interns, and supervised pre-registration professionals may apply for limited access to the Platform. Such access is conditional upon submission of proof of enrolment or internship registration and must be used solely under the supervision of a fully registered healthcare professional. Such users are subject to all provisions of these Terms.

SECTION 3: NATURE AND SCOPE OF THE SERVICE

3.1 Description of Service

Medinsert provides a digital repository and search platform for SAHPRA-approved medicine package inserts, including Professional Information (PI) documents and Patient Information Leaflets (PILs). The Service is intended to assist registered healthcare professionals in South Africa in accessing up-to-date, approved pharmaceutical product information.

The Service may include, without limitation:

A searchable database of SAHPRA-approved package inserts in PDF format.
A PDF viewer for in-app viewing of package insert documents.
Bookmark and save functionality enabling users to save frequently referenced package inserts.
Search functionality with live AJAX-powered search and filters by medicine category, dosage form, active ingredient, or therapeutic class.
Taxonomy-based browsing by drug class, pharmacological action, or other classifications.
User account management including profile management and bookmarks.
Notifications of updated or newly approved package inserts.
Any additional features as may be introduced from time to time.

3.2 Informational and Reference Purpose Only

CRITICAL DISCLAIMER: Medinsert is a reference tool for healthcare professionals. It does not constitute the practice of medicine, pharmacy, or any other healthcare profession. Content on this Platform does not replace clinical judgement, independent professional assessment, or direct consultation with the prescriber, pharmacist, or other qualified healthcare professional responsible for patient care.

The information contained in package inserts on the Platform is sourced from SAHPRA-approved documents. However, the Medinsert Platform:

Does not provide individualised medical advice, diagnosis, or treatment recommendations.
Does not constitute a prescription or authorisation to dispense, administer, or use any medicine.
Does not replace the obligation of healthcare professionals to exercise independent clinical judgement in each patient encounter.
Does not guarantee the completeness, accuracy, or currency of the information at any given time, as SAHPRA-approved package inserts may be revised or withdrawn without prior notice.

3.3 Relationship to SAHPRA and Medicine Regulatory Framework

Package inserts hosted on Medinsert are based on documents approved by SAHPRA under the Medicines and Related Substances Act 101 of 1965 (Medicines Act), as amended. Medinsert is not affiliated with, endorsed by, or acting on behalf of SAHPRA or the Department of Health. Users are encouraged to cross-reference content with the official SAHPRA online repository where possible.

3.4 Service Availability

While Medinsert endeavours to provide continuous and reliable access to the Service, we do not guarantee uninterrupted availability. The Service may be temporarily unavailable due to scheduled maintenance, unscheduled technical issues, third-party service provider failures, network issues, or events beyond our control. We will endeavour to provide reasonable advance notice of planned downtime where practicable.

SECTION 4: ACCEPTABLE USE POLICY

4.1 Permitted Uses

Subject to compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Service solely for the following purposes:

Accessing package inserts and pharmaceutical information for professional clinical decision-making purposes in the course of your registered healthcare practice.
Educational and training purposes related to your healthcare profession.
Academic and non-commercial research relating to medicines, pharmacology, or healthcare.
Providing patient counselling and education in the context of your professional practice.
Administrative and clinical management activities directly related to medicine management within healthcare facilities.

4.2 Prohibited Conduct

You agree that you will not, and will not permit or facilitate any third party to:

Use the Service for any purpose that is unlawful, fraudulent, misleading, deceptive, or harmful under South African law.
Misrepresent your identity, professional status, or credentials in any way when registering for or using the Service.
Access or use the Service if your professional registration has been suspended, revoked, or lapsed.
Share your Account credentials with any other person, including colleagues, students, or administrative staff.
Attempt to gain unauthorised access to any part of the Service, its servers, databases, or associated systems.
Engage in any activity that disrupts, overloads, or impairs the performance, security, or integrity of the Platform.
Use automated tools, bots, scrapers, crawlers, or similar software to access, index, copy, or extract Content from the Platform without express written authorisation.
Reproduce, redistribute, sell, publish, broadcast, or commercially exploit any Content obtained from the Platform without prior written consent from Medinsert (Pty) Ltd.
Modify, translate, adapt, or create derivative works from any Content obtained through the Service.
Remove, circumvent, disable, or otherwise interfere with security features or access controls on the Platform.
Upload, post, or transmit any content that is defamatory, offensive, abusive, threatening, or otherwise objectionable.
Upload or transmit any malicious code, virus, worm, Trojan horse, or other harmful software or code.
Use the Service to advertise or promote any commercial product, service, or third-party platform without prior written consent.
Use the Service in any way that constitutes unprofessional conduct under the ethical rules of your relevant statutory council.
Attempt to reverse-engineer, decompile, disassemble, or otherwise extract the source code of any part of the Platform.
Use content obtained from the Platform to support or facilitate the unlicensed dispensing, prescribing, or administration of medicines.

4.3 Reporting Violations

If you become aware of any use of the Service that violates these Terms or any applicable law, you are encouraged to report such violations to us at [email protected]. We will investigate reports in good faith and take appropriate action where necessary.

SECTION 5: INTELLECTUAL PROPERTY RIGHTS

5.1 Platform Intellectual Property

All intellectual property rights in and to the Medinsert Platform, including but not limited to the website design, layout, interface, underlying software architecture, brand identity, trademarks, service marks, logos, trade names, database rights, and proprietary code, are the exclusive property of Medinsert (Pty) Ltd or its licensors, and are protected under South African and international intellectual property laws, including the Copyright Act 98 of 1978 (as amended), the Trade Marks Act 194 of 1993, and applicable international conventions.

5.2 Package Insert Content

Package inserts (Professional Information and Patient Information Leaflets) hosted on the Platform are third-party documents that belong to the respective pharmaceutical manufacturers or marketing authorisation holders who have received SAHPRA registration approval for their products. Medinsert hosts these documents in good faith as a reference service for healthcare professionals and does not claim ownership over such documents.

Users may access and download package inserts for personal professional use only. Republication, redistribution, or commercial use of package insert content without the consent of the relevant pharmaceutical manufacturer and Medinsert (Pty) Ltd is prohibited.

5.3 Licence Grant to Users

Subject to your compliance with these Terms, Medinsert grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to:

Access and use the Service through your registered Account on supported devices.
View and download individual package inserts for personal professional reference purposes.
Use the bookmark and annotation features for personal clinical workflow purposes.

This licence does not permit you to use any proprietary content or materials of Medinsert in any commercial product or service, or to present such content as your own original work.

5.4 User Content

To the extent that you upload, submit, or post any User Content to the Platform (including annotations, feedback, or other materials), you grant Medinsert a non-exclusive, royalty-free, worldwide, perpetual licence to use, store, reproduce, modify (for technical compatibility), and display such content for the purpose of operating and improving the Service. You represent that you have the right to grant such licence and that such User Content does not infringe the rights of any third party.

5.5 Copyright Infringement

If you believe that any content on the Platform infringes your intellectual property rights, please contact us at [email protected] with a detailed description of the alleged infringement, including your contact details and sufficient information to identify the content in question. We will investigate and respond appropriately, in accordance with the ECT Act and applicable intellectual property laws.

SECTION 6: PRIVACY AND PROTECTION OF PERSONAL INFORMATION

6.1 Compliance with POPIA

Medinsert is committed to processing personal information in a manner that is lawful, reasonable, and respects the right to privacy as enshrined in Section 14 of the Constitution of the Republic of South Africa, 1996, and as regulated by the Protection of Personal Information Act 4 of 2013 (POPIA). In its capacity as a Responsible Party under POPIA, Medinsert (Pty) Ltd processes personal information of Users in accordance with the conditions for lawful processing set out in POPIA.

6.2 Information We Collect

In the course of providing the Service, Medinsert may collect and process the following categories of personal information:

Registration and identity information: full name, email address, contact number, profession, and professional registration number.
Professional information: council registration body, specialisation, and institution or practice name.
Usage data: search queries, bookmarks, documents accessed, frequency of use, and session duration.
Device and technical information: IP address, browser type and version, operating system, device identifiers, and log data.
Communications: messages, support requests, and feedback submitted to Medinsert.

6.3 Purpose of Processing

Your personal information is collected and processed for the following specific, explicit, and legitimate purposes:

1. To create, verify, and manage your Account and provide you with access to the Service.
2. To verify your professional registration credentials.
3. To improve the functionality, usability, and content of the Platform.

To communicate with you regarding Service updates, new features, system notices, and important changes to these Terms.

To comply with applicable legal obligations, including reporting requirements under South African law.
To enforce these Terms and detect or prevent fraud, abuse, or security breaches.
To conduct internal analytics for the purpose of improving the Service.

6.4 Legal Basis for Processing

The processing of your personal information is authorised on the following grounds under POPIA:

Your explicit consent, provided at the time of registration;
The performance of a contract to which you are a party (access to the Service);
Compliance with a legal obligation to which Medinsert is subject; and
The legitimate interests of Medinsert, to the extent that such interests are not overridden by your fundamental rights.

6.5 Data Sharing and Third Parties

Medinsert does not sell, rent, or trade your personal information to third parties. We may share personal information only:

With trusted service providers acting as Operators under POPIA (e.g., cloud hosting, email delivery, analytics providers) who are contractually bound to process data only as instructed by Medinsert;
Where required by law, regulation, court order, or request from a lawful authority with jurisdiction under South African law;
In the event of a merger, acquisition, or sale of all or substantially all of our assets, with appropriate confidentiality obligations imposed on any transferee; or
With your express prior consent.

6.6 Data Retention

Medinsert retains personal information only for as long as is necessary for the purposes for which it was collected, or as required by applicable law. Account information will generally be retained for the duration of the Account and for a period of up to five (5) years following account closure, to comply with legal and regulatory obligations and to resolve any outstanding disputes.

6.7 Your Rights Under POPIA

As a Data Subject under POPIA, you have the following rights:

The right to be notified that your personal information is being collected and to know the purpose of such collection.
The right to access your personal information held by Medinsert, upon submission of a written request.
The right to request correction, deletion, or destruction of your personal information that is inaccurate, irrelevant, excessive, out of date, or obtained unlawfully.
The right to object to the processing of your personal information on reasonable grounds.
The right to lodge a complaint with the Information Regulator if you believe your rights under POPIA have been violated.

To exercise any of these rights, please contact our Information Officer at [email protected]. The Information Regulator of South Africa may be contacted at [email protected] or at JD House, 27 Stiemens Street, Braamfontein, Johannesburg.

6.8 Security of Personal Information

Medinsert implements reasonable technical and organisational security measures to protect your personal information against unauthorised access, disclosure, alteration, loss, or destruction, in accordance with Section 19 of POPIA. These measures include encrypted data transmission (HTTPS/TLS), password hashing, access controls, and regular security assessments. However, no data transmission over the internet or electronic storage system can be guaranteed to be completely secure. You acknowledge this inherent risk.

6.9 Cookies and Tracking

The Medinsert website uses cookies and similar tracking technologies to enhance user experience, maintain session integrity, and gather usage analytics. You may control cookie settings through your browser; however, disabling certain cookies may affect the functionality of the Service. By continuing to use the Platform after being notified of our cookie use, you consent to such use.

SECTION 7: MEDICAL AND CLINICAL DISCLAIMER

7.1 No Medical Advice

The Medinsert Platform does not provide medical advice. All content, including package inserts, is provided for informational and professional reference purposes only. Nothing on this Platform constitutes a substitute for professional clinical judgement, assessment, diagnosis, or treatment.

The Service is designed as a supplementary clinical reference tool. All clinical decisions must be made by appropriately qualified and registered healthcare professionals, based on the individual circumstances of each patient, and must comply with applicable professional and ethical standards.

7.2 Currency and Accuracy of Package Inserts

While Medinsert endeavours to ensure that package inserts hosted on the Platform are current and correspond to SAHPRA-approved documents, we cannot guarantee at all times that:

All package inserts are the most current approved versions;
Recently approved amendments or new package inserts have been uploaded;
Content accurately reflects any post-approval safety updates or pharmacovigilance communications issued by SAHPRA or the relevant manufacturer.

Healthcare professionals are strongly advised to verify critical clinical information against the most recent SAHPRA-approved documentation, the manufacturer’s current prescribing information, and current evidence-based clinical guidelines before making prescribing, dispensing, or administration decisions.

7.3 Regulatory Framework

The prescribing, dispensing, and administration of medicines in South Africa is governed by the Medicines and Related Substances Act 101 of 1965 (as amended), the Pharmacy Act 53 of 1974 (as amended), the Health Professions Act 56 of 1974 (as amended), the Nursing Act 33 of 2005, and applicable regulations and guidelines promulgated thereunder. Nothing in the Service relieves any healthcare professional of their obligations under these laws or under the ethical rules of their statutory council.

7.4 Adverse Drug Reaction Reporting

Nothing in the use of Medinsert satisfies the obligation of healthcare professionals to report adverse drug reactions to SAHPRA through the MedSafety or VigiFlow systems, or to comply with any other pharmacovigilance reporting obligations under applicable law and professional guidelines. Users are reminded of their ongoing pharmacovigilance obligations.

SECTION 8: FEES, SUBSCRIPTIONS, AND PAYMENT

8.1 Free and Premium Tiers

Medinsert may offer both a free-access tier and premium subscription plans. The features available under each tier are as described on the Platform at the time of registration or subscription. Medinsert reserves the right to modify the features included in each tier, and to introduce new tiers, with reasonable advance notice to existing users.

8.2 Subscription Fees

Where a paid subscription is offered, the applicable fees, billing cycle, and payment methods will be clearly disclosed on the Platform prior to purchase. By subscribing, you authorise Medinsert or its designated payment processor to charge the applicable fees to your nominated payment method in advance for each billing cycle.

8.3 Electronic Transactions

All electronic transactions on the Medinsert Platform are subject to the Electronic Communications and Transactions Act 25 of 2002 (ECT Act). In accordance with Section 43 of the ECT Act, Medinsert will provide you with the following information at the time of purchase: a description of the goods or services, the total cost, the period of validity of any offer, and a record of the transaction.

8.4 Consumer Protection

Where applicable, transactions on the Platform are subject to the Consumer Protection Act 68 of 2008 (CPA). The CPA provides consumers with rights including the right to fair and honest dealing, the right to information in plain language, and the right to return goods or cancel services in certain circumstances. To the extent that these rights apply to digital services, Medinsert will honour them. Healthcare institutions using the Service in the course of business may have different rights than individual consumer users.

8.5 Refund Policy

Subscription fees are generally non-refundable except as required by law (including the CPA where applicable) or as expressly provided in our Refund Policy. Users who cancel a subscription mid-cycle will retain access to premium features until the end of the paid billing period. Refund requests should be directed to [email protected] and will be considered on a case-by-case basis.

8.6 Taxes

All fees displayed on the Platform are inclusive of Value Added Tax (VAT) at the applicable rate in South Africa, where applicable, unless otherwise stated. You are responsible for any taxes applicable to your use of the Service that are not collected by Medinsert.

SECTION 9: DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

9.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE SOUTH AFRICAN LAW, THE MEDINSERT SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Medinsert (PTY) LTD EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;
WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY CONTENT;
WARRANTIES THAT DEFECTS WILL BE CORRECTED; AND
WARRANTIES THAT THE PLATFORM OR ITS SERVERS ARE FREE OF VIRUSES OR HARMFUL COMPONENTS.

9.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE SOUTH AFRICAN LAW, Medinsert (PTY) LTD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR:

Any direct, indirect, incidental, special, consequential, punitive, or exemplary loss or damage arising from or related to your use of or inability to use the Service;
Any clinical or treatment decision made by a healthcare professional in reliance on content obtained through the Service;
Any loss arising from unauthorised access to or alteration of your personal information or Account;
Any loss arising from the accuracy, completeness, or currency of package inserts hosted on the Platform;
Any loss arising from the acts or omissions of third-party service providers; or
Any indirect loss including loss of income, loss of profits, loss of data, or loss of business opportunity.

Where liability cannot be excluded by law (including under the CPA), our total aggregate liability to you in respect of any claim arising out of or in connection with the Service shall not exceed the total subscription fees paid by you in the twelve (12) months preceding the claim.

9.3 Indemnification

You agree to indemnify, defend, and hold harmless Medinsert (Pty) Ltd and its directors, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

Your use of or access to the Service in violation of these Terms;
Any clinical decision made in reliance on content obtained from the Platform;
Any content you upload, submit, or transmit through the Service;
Your violation of any applicable law or the rights of any third party; or
Any misrepresentation of your professional status or credentials.

9.4 Force Majeure

Medinsert shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, load shedding or power failures, internet outages, cyberattacks, pandemics, labour disputes, or any other event outside of Medinsert’s reasonable control.

SECTION 10: PROFESSIONAL OBLIGATIONS AND ETHICAL STANDARDS

10.1 Compliance with Professional Rules

Your use of the Medinsert Service must at all times comply with the ethical rules, codes of conduct, guidelines, and professional standards applicable to your registered healthcare profession under South African law, including:

The Ethical Rules of Conduct for Practitioners Registered under the Health Professions Act (Government Notice R717 of 2006, as amended);
The Good Pharmacy Practice standards published by the South African Pharmacy Council;
The scope of practice regulations applicable to your profession;
The South African Nursing Council’s ethical standards;
Any guidelines or circulars issued by your statutory council from time to time.

10.2 Prescribing and Dispensing Authority

Accessing information on the Platform does not grant, imply, or expand any prescribing, dispensing, or administration authority. You must act strictly within the scope of practice authorised for your profession and professional category. Unlawful prescribing or dispensing of medicines, even where informed by information from the Platform, remains a criminal offence under the Medicines and Related Substances Act.

10.3 Reporting of Errors

If you identify any inaccuracy, error, or discrepancy in a package insert or other content hosted on the Platform, you are encouraged to report this to us at [email protected]. Healthcare professionals also have an independent obligation to report suspected medicine quality defects or inaccuracies to SAHPRA.

SECTION 11: SUSPENSION AND TERMINATION

11.1 Termination by User

You may terminate your Account at any time by accessing your account settings and following the account closure procedure, or by contacting us at [email protected]. Termination will take effect within a reasonable period. Any outstanding subscription fees at the time of termination remain due and payable.

11.2 Suspension or Termination by Medinsert

Without prejudice to any other rights or remedies, Medinsert may, at its sole discretion, immediately suspend or terminate your Account and access to the Service, without prior notice, if:

You breach any provision of these Terms;
Your professional registration is suspended, revoked, lapsed, or otherwise invalidated;
You provide false or misleading registration information;
Your conduct on the Platform constitutes unprofessional conduct or a criminal offence;
You engage in any activity that poses a security risk to the Platform or other users;
You fail to pay any subscription fees when due; or
We are required to do so by law or an order of a competent court.

11.3 Consequences of Termination

Upon termination of your Account, your right to access and use the Service ceases immediately. Medinsert may retain your personal information as required by law or in accordance with our data retention policy. Provisions of these Terms that by their nature should survive termination shall continue in full force and effect, including Sections 5, 6, 7, 9, 12, 13, and 14.

SECTION 12: CHANGES TO TERMS AND SERVICE

12.1 Amendments to Terms

Medinsert reserves the right to amend, update, or replace these Terms at any time. Where changes are material, we will provide at least fourteen (14) days’ prior notice by email to your registered address and/or by displaying a prominent notice on the Platform. Your continued use of the Service after the effective date of any amended Terms constitutes your acceptance of those changes.

12.2 Changes to the Service

Medinsert reserves the right to modify, enhance, discontinue, or restrict any feature or aspect of the Service at any time, subject to providing reasonable notice where such changes materially affect paying subscribers. We will not be liable for any modification or discontinuation of the Service or any feature thereof.

SECTION 13: DISPUTE RESOLUTION

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of laws principles.

13.2 Jurisdiction

Any disputes arising out of or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa. You consent to personal jurisdiction of the South African courts, and specifically the jurisdiction of the Gauteng High Court, Pretoria, or such other competent court as may apply given the nature and value of the dispute.

13.3 Mediation and Alternative Dispute Resolution

Before instituting formal legal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiation for a period of at least thirty (30) calendar days from written notice of the dispute. If the dispute is not resolved through negotiation, the parties agree to attempt mediation through a mutually agreed accredited mediator before resorting to litigation, except where urgent interdict or emergency relief is sought.

13.4 Electronic Communications Disputes

Disputes relating to electronic transactions are also subject to the dispute resolution mechanisms contemplated in Chapter VII of the Electronic Communications and Transactions Act 25 of 2002.

SECTION 14: REGULATORY COMPLIANCE AND APPLICABLE LEGISLATION

14.1 Summary of Key Applicable Legislation

The following South African legislation, among others, governs or relates to the Medinsert Service and your use thereof:

Legislation	Relevance to Medinsert
Medicines and Related Substances Act 101 of 1965 (as amended)	Governs medicine registration, package insert requirements, SAHPRA authority, and prescribing/dispensing rules.
Protection of Personal Information Act 4 of 2013 (POPIA)	Governs the collection, use, storage, and disclosure of personal information of users.
Electronic Communications and Transactions Act 25 of 2002 (ECT Act)	Governs electronic contracts, consumer protection for online transactions, cybercrime, and data messages.
Consumer Protection Act 68 of 2008 (CPA)	Applies to consumer-facing transactions, fair dealing, plain language obligations, and certain service cancellation rights.
Health Professions Act 56 of 1974 (as amended)	Governs registration and professional conduct of health professions regulated by the HPCSA.
Pharmacy Act 53 of 1974 (as amended)	Governs pharmacy practice, dispensing authority, Good Pharmacy Practice, and pharmacist professional obligations.
Cybercrimes Act 19 of 2020	Governs cybercrime, unauthorised access to computer systems, and interception of data.
Copyright Act 98 of 1978 (as amended)	Governs intellectual property protection for platform content, software, and hosted documents.
National Health Act 61 of 2003	Provides the regulatory framework for healthcare delivery and the rights and duties of healthcare users and providers.

SECTION 15: THIRD-PARTY LINKS AND SERVICES

The Medinsert Platform may contain links to external websites or resources, including the SAHPRA repository, pharmaceutical manufacturer websites, medical guidelines, or other healthcare information sources. Such links are provided for convenience and informational purposes only. Medinsert does not endorse, control, or assume responsibility for the content, privacy practices, or availability of any external sites or resources. Your access to and use of any external site is entirely at your own risk and subject to the terms and conditions of that site.

SECTION 16: CHILDREN AND MINOR USERS

The Medinsert Service is not directed at or intended for use by persons under the age of eighteen (18) years. We do not knowingly collect personal information from minors. If we become aware that a minor has registered for an Account, we will immediately suspend that Account and delete the associated personal information. Given the professional eligibility requirements of the Service, access by unqualified individuals is also precluded on this basis.

SECTION 17: GENERAL PROVISIONS

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies, guidelines, or notices posted on the Platform, constitute the entire agreement between you and Medinsert (Pty) Ltd with respect to your use of the Medinsert Service, and supersede all prior and contemporaneous understandings, negotiations, representations, and agreements between the parties relating to the subject matter hereof.

17.2 Severability

If any provision of these Terms is found by a competent court to be invalid, unlawful, or unenforceable, that provision shall be deemed severed from the remaining Terms, which shall continue in full force and effect to the maximum extent permitted by law.

17.3 Waiver

No failure or delay by Medinsert in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy. A waiver of any breach shall not be deemed a waiver of any subsequent breach of the same or any other provision.

17.4 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms to any third party without the prior written consent of Medinsert. Medinsert may assign or transfer its rights and obligations under these Terms to a successor entity in the event of a merger, acquisition, or restructuring, with reasonable notice to you.

17.5 Notices

All formal legal notices to Medinsert must be submitted in writing to [email protected]. Notices to you will be sent to the email address registered on your Account. Electronic notices are deemed to be received on the first business day following the date of transmission, in accordance with the ECT Act.

17.6 Plain Language

In accordance with the Consumer Protection Act 68 of 2008, Medinsert has endeavoured to draft these Terms in plain language that is accessible to the intended audience. If any part of these Terms is unclear, you are encouraged to contact us at [email protected] before proceeding with use of the Service.

17.7 Records and Archiving

In accordance with Section 11 of the ECT Act, Medinsert will maintain records of all electronic transactions and data messages as required. You may request a copy of your transaction history by contacting [email protected].

SECTION 18: CONTACT INFORMATION AND COMPLAINTS

For any questions, concerns, complaints, or requests related to these Terms or the Medinsert Service, please contact us as follows:

Contact Type	Details
Operator	Medinsert (Pty) Ltd
Platform URL	medinsert.co.za \| Medinsert.com
General Support	[email protected]
Legal & Compliance	[email protected]
Content & Accuracy	[email protected]
Information Officer	[email protected] (POPIA requests)
Privacy Regulator	Information Regulator of South Africa — [email protected]

ACKNOWLEDGEMENT OF TERMS

By registering for, accessing, or using the Medinsert Service, you confirm that you have read and understood these Terms and Conditions in their entirety, that you meet the eligibility requirements set out in Section 2, and that you agree to be legally bound by these Terms.