The following Terms of Use document provides complete details about the services provided by our company, and the obligations of professional users who register with us to participate in the provision of these services.
Having registered appropriately and having paid the monthly or annual subscription fees set out below, we will permit you access to and use of the DigiScripts Services.
Your use and our provision of the services will be governed by this Terms of Use and Privacy Policy, which are subject to change from time to time with at least thirty (30) days’ notice to you.
By signing up with us, you acknowledge and accept that the services provided to you under this agreement are those of an electronic health records service, and more specifically the electronic generation, storage and transmission of patient information (including notes, records, prescriptions, imaging and laboratory requests and results) and communication between medical practitioners and pharmacies / labs / imaging centers. DigiScripts LLC is in no way providing you with any form of medical advice, guidance, or recommendations for the treatment of your patients.
Once you decide to register with us for our services, you must provide us with accurate and complete information regarding your personal and professional details, as outlined on the registration forms. If this information changes during the course of this agreement, you must inform us of those changes within seven (7) days of same becoming effective and, in any event, as soon as reasonably possible. You further agree that the information supplied to us under this provision may be provided by us to DigiScripts registered affiliates (pharmacies, labs and/or imaging centers) as necessary during the course of our regular services.
You agree that you will only use the services provided under this agreement while you are duly registered with your professional oversight body, if applicable(e.g. medical doctors with the MCJ, and pharmacists with the PCJ), and that you are wholly and solely responsible for your registration and annual re-registration with these bodies. Additionally, as a condition of this agreement, you agree to submit to us proof of your registration and all subsequent annual re-registration within seven (7)days of each re-registration.
You also agree that you are responsible for all CME hours necessary to remain up to date with registration requirements and current medical practices, including the administration of medications (where applicable).
In the event you breach a term within this clause, we will be entitled to terminate this agreement and your account on the website without notice.
You are wholly and solely responsible for maintaining your own medical malpractice and or liability insurance at all times.
You hereby agree and further undertake to maintain and adhere to the duty of confidentiality owed to your patients as inherent in the practice of medicine and as prescribed by law.
You assume full responsibility for the use of and activities on your account and all access thereto, including the use of patient information stored in your account.
You are fully responsible to your patients under your duty of confidentiality for all information that you share through our services, and we hold no responsibility in that regard.
You are at all times responsible for the protection and security of the credentials required to access your account on the site.
You agree to keep your credentials safe and secure and to not disclose or share your credentials or your account with anyone.
You further agree that you are the sole person responsible for the security and safety of any device from which you access the website and services; and you will ensure at all times that you access the site from a device that is secure and adequately protected.
To gain and maintain access to our services, you will pay a monthly or annual subscription fee as set out on the site. Your payment may be made by the online payment facility provided on the site, and these payments are non-refundable and non-transferrable. Any premature termination of the services by you will not entitle you to any compensation, refund, or other benefit. In the event you default on your monthly subscription fee, we reserve the right to terminate the services provided to you and your access to the site.
We will provide you with no less than thirty (30) days’ notice of any increase in your subscription fee.
You hereby warrant, represent, and agree that you will use the services ethically and legally for the sole purpose of prescribing drugs that are registered for use in the Island of Jamaica for the appropriate indication(s) and at the appropriate doses, frequencies, durations, and routes of administration.
You are responsible for collecting appropriate and adequate personal, medical, family, and drug histories before prescribing any medication and prior to transmitting same through the DigiScripts Services.
You are wholly and solely responsible for any negligence carried out by you in the prescription of any medication to your patients.
You are responsible, wholly and solely, for the transmission of prescriptions, erroneous or otherwise, and any associated or resulting morbidity or mortality on the part of the recipient patient.
You agree to use our services in accordance with the ethical and legal obligations of your profession and, in particular, you will not:
(a) use the DigiScripts services to prescribe medication to patients not seen by you; or
(b) engage in any activity that is connected in any way to prescription or insurance fraud
You hereby authorize us to collect a sample of your signature and to subsequently reproduce said sample solely and exclusively for the production of digital prescriptions and also for the production of hardcopy prescriptions, as may be required by law.
You will indemnify and hold us, our directors, shareholders, employees, and officers harmless against any and all losses, damages, claims, expenses, and full attorneys’ fees for the following events:
You may terminate your subscription at anytime through the features of the website.
We may suspend your subscription if you are in material breach of any of these terms and conditions and, in particular, upon any failure by you to pay your subscription fee in accordance with these terms. Termination of the account may occur if the account is not restored to good standing within 30 days.
Upon termination in either event above, you will not be entitled to any refund or transfer of pre-paid subscription fees; however, the patient information associated with your account will be made available for transfer to you.
This Dispute Resolution Clause applies to all disputes between the parties except those relating to unpaid subscription fees .For the purposes of this section, the terms “we” and “us” refer to DigiScripts LLC and “you” the health care service provider.
If any dispute or difference arises out of or in connection with this agreement, which we are unable to resolve by negotiation, we will resolve the dispute amicably by using the following procedure before pursuing any other available remedy:
We will submit the dispute to a mediator, appointed by agreement between the parties or by the Dispute Resolution Foundation, to assist us in resolving the dispute. Either of us may give written notice to the other describing the nature of the dispute, requiring the dispute to be submitted a mediator and proposing the names of up to three suitable persons to be appointed as mediator. If no such person is appointed by agreement between us within fourteen (14) days after such notice is given, either of us may request the Dispute Resolution Foundation to appoint a mediator.
We shall, with the assistance of the neutral adviser appointed in accordance with this clause, seek to resolve the dispute through mediation. If we arrive at any agreement as to the resolution of the dispute, such agreement shall be recorded in writing and signed by the both of us, whereupon it shall become binding upon us.
If the dispute has not been resolved to the satisfaction of both parties within sixty (60) days after the mediation or (90)days after it has arisen; or if either party fails or refuses to participate in mediation, then the dispute shall be referred to a sole arbitrator.
Arbitration shall take place in Jamaica, and the arbitrator shall be appointed by the parties or, failing agreement, by the Dispute Resolution Foundation (in the first instance) or, alternatively, the President of the Jamaican Bar Association.
The procedure shall be agreed by the parties or, failing agreement, determined by the arbitrator. If either party fails to comply with any procedural order made by the arbitrator, the arbitrator shall have power to proceed in the absence of that party and delivery an award.
All aspects of this document will be governed and interpreted in accordance with the laws of Jamaica. The parties further agree that this agreement shall be construed as if the parties jointly prepared it, and any uncertainty or ambiguity (if any) in this agreement or the Terms of Use shall not be interpreted against either party.
