Terms of Use

Last updated: 1 November 2026

1. Introduction

These Terms of Use ("Terms") govern your access to and use of the Medicaputare EML Portal, associated websites, APIs, and content services (collectively, the "Service") operated by Medicaputare (Pty) Ltd ("Medicaputare", "we", "us", or "our"), a company registered in the Republic of South Africa under registration number K2022801892, with registered address at 1 Sinatra Close, Shere, 0084, Pretoria, South Africa.

By accessing or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of an organisation (e.g. a hospital, pharmacy, clinic, or health authority), you represent that you have the authority to bind that organisation to these Terms.

If you do not agree to all of these Terms, do not access or use the Service.

2. Definitions

"Content" means all clinical reference data, essential medicines listings, standard treatment guidelines, formularies, clinical calculators, search results, and any other information, text, graphics, or materials made available through the Service.
"Free Tier" means the no-cost level of access to a limited subset of Content as determined by Medicaputare from time to time.
"Premium Tier" means the paid subscription level of access to additional Content, features, and functionality.
"User" means any individual who accesses the Service, whether on their own behalf or as an authorised representative of an organisation.
"Organisation" means the legal entity (hospital, clinic, pharmacy, government department, or other institution) on whose behalf a User accesses the Service under a Premium Tier subscription.

3. The Service

3.1 The Service provides structured digital access to South African Essential Medicines List and Standard Treatment Guideline content published by the National Department of Health, together with supplementary clinical reference tools.

3.2 The Service is a reference information platform only. Medicaputare does not provide medical advice, diagnosis, or treatment recommendations. Content is intended for use by qualified healthcare professionals exercising their own independent clinical judgment.

3.3 Medicaputare reserves the right to modify, suspend, or discontinue any part of the Service at any time, with reasonable notice to affected Premium Tier subscribers.

4. Access, Registration, and Accounts

4.1 Free Tier: Anyone may access the Free Tier without registration, subject to rate limits and usage restrictions determined by Medicaputare.

4.2 Premium Tier: Access to the Premium Tier requires registration of an account. You must provide accurate, current, and complete information during registration and keep that information up to date.

4.3 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at queries@medicaputare.co.za of any unauthorised use of your account.

4.4 Organisation Accounts: Where an Organisation subscribes to the Premium Tier, the Organisation's nominated administrator may create sub-accounts for individual Users within that Organisation. The Organisation remains responsible for all activity under its sub-accounts.

5. Subscription Tiers and Payment

5.1 Free Tier: The Free Tier is provided without charge. Medicaputare may modify the scope of the Free Tier at any time.

5.2 Premium Tier: Premium Tier access is provided on a subscription basis. Fees, billing periods, and included features are as specified at the point of purchase or in a separate agreement between Medicaputare and the subscribing Organisation.

5.3 Payment Terms: All fees are due in advance and payable in South African Rand (ZAR). Payment shall be made via the payment methods made available on the Service. Overdue amounts may incur interest at the rate of 2% per month, or the maximum rate permitted by law.

5.4 Tax: All fees exclude any applicable VAT, withholding tax, or other taxes for which the subscriber is responsible.

5.5 Changes to Fees: Medicaputare may change Premium Tier fees with at least 30 days' written notice. Continued use after the fee change takes effect constitutes acceptance of the new fees.

6. Refund and Cancellation Policy

Cancellation and refund terms are set out in our separate Refund and Cancellation Policy, which is incorporated into these Terms by reference. See Refund and Cancellation Policy.

7. User Obligations

You agree not to:

7.1 Use the Service for any unlawful purpose or in violation of any applicable South African law or regulation;

7.2 Reproduce, redistribute, republish, or commercially exploit any Content outside the scope of your authorised access, except as expressly permitted by these Terms or by law;

7.3 Use the Service as a substitute for independent professional medical judgment;

7.4 Attempt to circumvent access controls, rate limits, or technical measures that restrict access to the Service;

7.5 Introduce any malicious software, attempt to gain unauthorised access to Medicaputare's systems, or interfere with the proper functioning of the Service;

7.6 Use the Service to process, store, or transmit personal health information of patients within or through the Service. This does not restrict a User's independent, lawful use of patient data in their professional capacity outside the Service (e.g., in a separate electronic health record system);

8. Intellectual Property Rights

8.1 Content: The clinical reference data sourced from the National Department of Health is public sector information. Its use is subject to any applicable copyright and licensing terms set by the NDOH or the Government of South Africa.

8.2 Platform: The software, design, architecture, user interface, and technology underlying the Service are proprietary to Medicaputare or its licensors. You may not copy, modify, reverse-engineer, decompile, or create derivative works of the platform without our prior written consent.

8.3 Trademarks: "Medicaputare", the Medicaputare logo, and any associated marks are trademarks of Medicaputare (Pty) Ltd. You may not use them without our prior written permission.

9. Content Disclaimer

IMPORTANT — CLINICAL CONTENT:

9.1 The Content provided through the Service is for informational reference purposes only. It does not constitute medical advice, diagnosis, treatment recommendation, or a substitute for professional healthcare consultation.

9.2 Users must:

Independently verify all clinical information against current official NDOH publications;
Exercise their own professional judgment in applying any Content to patient care;
Comply with all applicable prescribing protocols, hospital formularies, and clinical governance requirements of their institution.

9.3 Medicaputare does not guarantee the completeness, accuracy, currency, or suitability of any Content for any particular clinical purpose.

10. Limitation of Liability

10.1 To the maximum extent permitted by South African law:

(a) The Service and Content are provided "as is" without any warranty, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement;

(b) Medicaputare shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Service or Content, including but not limited to clinical outcomes, patient harm, loss of revenue, loss of data, or business interruption;

(c) In no event shall Medicaputare's aggregate liability to you or any Organisation for all claims arising from these Terms exceed the total fees paid by that Organisation to Medicaputare in the twelve (12) months preceding the event giving rise to the claim.

10.2 Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable South African law, including liability for fraud, gross negligence, or death or personal injury caused by negligence.

11. Indemnity

You agree to indemnify and hold Medicaputare harmless from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of:

(a) Your breach of these Terms; (b) Your misuse of the Service or Content; (c) Your violation of any applicable law or the rights of any third party; (d) Any clinical decisions made or actions taken by you based on the Content.

12. Termination

12.1 By You: You may discontinue use of the Service at any time. Premium Tier subscribers may cancel their subscription in accordance with the Refund and Cancellation Policy.

12.2 By Medicaputare: We may suspend or terminate your access to the Service at any time, without liability, if: (a) You breach any provision of these Terms; (b) Your payment is overdue for more than 30 days; (c) We are required to do so by law or regulatory authority; (d) We discontinue the Service entirely, in which case Premium Tier subscribers shall receive a pro-rata refund of prepaid fees.

12.3 Survival: Sections 7, 8, 9, 10, 11, and 13 shall survive any termination of these Terms.

13. Governing Law and Dispute Resolution

13.1 These Terms are governed by and construed in accordance with the laws of the Republic of South Africa.

13.2 Any dispute arising out of or relating to these Terms shall first be referred to mediation administered by the Arbitration Foundation of Southern Africa (AFSA) before any party may commence litigation.

13.3 If mediation does not resolve the dispute within 30 days, either party may refer the dispute to the High Court of South Africa (Gauteng Division, Pretoria), which shall have exclusive jurisdiction.

14. Changes to These Terms

14.1 We may update these Terms from time to time. Changes will be posted on this page with an updated "Last updated" date.

14.2 For Premium Tier subscribers, we will provide at least 14 days' notice of material changes via the registered email address. Continued use after the effective date of the changes constitutes acceptance of the updated Terms.

15. General Provisions

15.1 Entire Agreement: These Terms, together with the Privacy Policy and Refund and Cancellation Policy, constitute the entire agreement between you and Medicaputare regarding the Service.

15.2 Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15.3 Waiver: No waiver of any term shall be deemed a further or continuing waiver of that or any other term.

15.4 Contact: For questions about these Terms, please contact us at queries@medicaputare.co.za or write to 1 Sinatra Close, Shere, 0084, Pretoria, South Africa.

Medicaputare (Pty) Ltd Registration No: K2022801892 1 Sinatra Close, Shere, 0084, Pretoria, South Africa https://www.medicaputare.co.za