MEDPRAX TERMS AND CONDITIONS

SOURCE OF MEDPRAX DATA

The Client accesses the Medprax data via the Licensee’s portal

TERMS PERTAINING TO THE USE BY THE CLIENT OF THE MEDPRAX DATA

The Client acknowledges that its access to the Medprax data is subject to the following:

1. For purposes of supplying the tariff rates data, Medprax utilises, in conjunction with the Third Party Licensors:
   1. The fixed tariff as supplied by certain (but not all) South African medical aid schemes. Whenever a medical aid scheme supplies a fixed tariff, Medprax will implement the tariff from the scheme document as published;
   2. The Rand conversion factor tariff which comprises the Rand-calculated value per unit as published by the medical aid schemes and calculated from the number of units allocated per tariff code as supplied by the medical aid schemes;
   3. The calculated tariff which is the Rand-conversion factor derived from the NHRPL 2006 as the base value and where Medprax applies the annual percentage increase (unrounded), calculated from the number of units allocated per tariff code as supplied by the medical aid schemes.
2. The Client acknowledges that Medprax neither modifies nor amends the medical data (of which the Medprax data is comprised) as derived from its sources, the Associates and from the Third Party Licensors. Although Medprax undertakes appropriate quality controls, those components of the Medprax data comprising price lists, tariff and other medical data and which are procured by Medprax from medical aid schemes and other sources, cannot be guaranteed.
3. Although Medprax will within 48 (forty eight) hours of having become aware thereof use its best endeavours to identify and correct errors or deficiencies in the Medprax data generally (and price lists and tariffs specifically) the Client acknowledges that:
   1. Neither Medprax (and its Associates) nor the Third Party Licensors have performed any independent analysis or investigation to verify the accuracy of the medical data which comprises the Medprax data and can consequently not warrant that such data is accurate;
   2. Neither Medprax (and its Associates) nor any of its Third Party Licensors make any representations, warranties or guarantees whether express or implied, that the Medprax data is complete or up-to-date.
4. By making the Medprax data available to the Client, neither Medprax (and its Associates) nor the Third Party Licensors are thereby endorsing or advocating the use of any medication, nor will Medprax (and its Associates) or the Third Party Licensors be responsible for any mis-use of medication due to any typographical or other inaccuracy.
5. The Medprax data is intended to be a convenient aid and not a substitute for the Clients’ responsibility to exercise their professional judgment. The Medprax data is consequently made available on the understanding that, in acknowledgment of the potential risks associated with any inadvertent inaccuracy contained in the Medprax data, the Client should whenever appropriate, seek to independently verify the information derived from the Medprax data.
6. Medprax makes no guarantee as to the continuity of that component of the Medprax data which is derived from the Third Party Licensors.
7. Should it occur (the provisions of this clause 2 notwithstanding) that any one or more of Medprax, its Associates or a Third Party Licensor becomes liable to the Client for damages, it is an express term hereof that such damages shall specifically exclude special or consequential damages or loss of profits and shall in any event (where applicable) not exceed that proportion of the monthly fee (applicable to the month during which such claim arises) payable by the Client to the Licensee as constitutes the Medprax fee.
8. This Agreement is in addition to and not in substitution for those clauses found in the Vendor Licence Agreement concluded between Medprax and the Licensee as contains similar protective provisions