Last updated: September, 2023.

INTRODUCTION

Super Apps Ltd (“SCRIPT”; “we”; “us”; “our”) operates a digital application (the “App”, as more fully defined below) which connects individuals (“End-Users”) with medical professionals and enables them to receive electronic prescriptions, request and schedule appointments, amongst other services.

SCRIPT provides these Services (as defined below) to its End-Users subject to these User Terms of Service (the “Terms”). Please read the following Terms carefully before using our Services as an End-User. If you do not agree with these Terms, you cannot use the Services.

By signing up to register an account, you, the End-User, hereby confirm that you have read and understood, and accept all of the terms and conditions contained herein, and warrant and confirm to have read SCRIPT’s End-User Privacy Notice in full and understood its contents.

These Terms incorporate within them, as though it were fully set out herein, SCRIPT’s End-User Privacy Notice (addressed and applicable to each of its End-Users). That policy may be accessed at http://script.mt/privacy-policy and applies as well to the End-User’s use of the App and its related Services.

1. GENERAL
   • Super Apps Ltd is a private limited liability company registered in Malta with company registration number C 101360 and its registered office situated at 60/61, Triq Anici, Qormi, Malta. SCRIPT owns and operates the App which, amongst other things, enables End-Users to request and receive electronic prescriptions for use at pharmacies (“e-prescriptions”), provided the End-User has a registered account over the App. The decision whether to issue the requested e-prescription shall at all times solely lie with the medical professional (as contacted by the End-User). The medical professional must have a registered Partner account.
   • These Terms are addressed to End-Users and regulates the legal relationship between them and SCRIPT in respect of their use of the App and the Services (as defined below). Separate terms apply to the medical and related professionals who have a registered Partner account with us on the App (termed our “Partners”). End-Users should read these Terms, and any document referred to in them, very carefully. If there is anything which the End-User does not understand, the End-User should discuss this with SCRIPT and seek the required clarification.
   • Payments for service fees due by the End-User to the Partners, whether for e-prescriptions or as a result of any other Services, will also be effected over the App and subsequently received by SCRIPT and released by it, net of any applicable commission, to the Partner.

1. DEFINITIONS AND INTERPRETATION

• The following definitions shall apply in these Terms:
• “App” means a digital application named “SCRIPT” and operated by Super Apps Ltd (company number C 101360) in order to make available and provide the Services;
• “End-User” means a person using the Services and not in the capacity of a Partner, for example, a person (as a patient) requesting an e-prescription from a Partner;
• “Medical Professional” means medical practitioners and dental surgeons, both terms as defined in the Health Care Professions Act, Chapter 464 of the laws of Malta;
• “Partner” means a Medical Professional who has been accepted for registration on the App as a “Partner” and thereafter, maintains a registered Partner account;
• “Related Agreement” arises from services provided by a Partner to an End-User using the App, such as the issuance of a prescription by a Partner which is then transmitted to the End-User over the App. In such cases, an agreement covering the Partner’s services will arise between the Partner and End-User (referred to herein as a “Related Agreement”) and will constitute a separate and binding agreement between them;
• “Services” means the services offered to End-Users by SCRIPT via the App, including as relating to the e-prescription and appointment booking features contained on it.
• In these Terms, unless the context requires otherwise:
• headings are inserted for convenience only and will not affect either the construction or interpretation of these Terms;
• any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms;
• words in the singular shall include the plural and vice-versa;
• a reference to one gender shall include a reference to the other genders; and
• references to “writing” or “written” includes email.

3. DESCRIPTION OF THE SERVICES

• Through the App, SCRIPT provides a digital platform that connects End-Users and Partners. SCRIPT’s technology permits End-Users to make use of the Services available to them via the App, which includes the ability to (following a request made to the relevant Partner) receive e-prescriptions and schedule and manage patient appointments. SCRIPT is not a pharmacist or pharmacy and nor is it a Medical Professional of any kind. SCRIPT’s role is limited to the operation of this technology, and it does not provide medical advice or treatment. SCRIPT is not involved in any decisions relating to any medical matters, such as patient appointments or prescriptions, which you may request or receive through the assistance of the App (such as in relation to the acceptance or refusal of any prescriptions requested by yourself or any changes made to them, such as the type of medicine or its dose). All such decisions are made by the Partner alone, in accordance with his professional obligations and required standards.
• Where an End-User places a service request to a Partner over the App (for example, where he requests the issuance or renewal of a prescription), that End-User makes a binding order to procure and receive the requested professional services from that Partner using the App’s Services and subject to these Terms (the “Service Order”). After having received the Service Order, SCRIPT will transmit its details to the Partner. All Service Orders are subject to acceptance by the Partner and, if accepted, SCRIPT will transmit the following to the End-User: (i) confirmation of the Partner’s acceptance of his Service Order, and (ii) the requested service item as created or confirmed by the Partner (for example, the e-prescription created by the Partner over the App in response to the End-User’s request). Upon the Partner’s acceptance, a Related Agreement will come into effect between the Partner and the End-User covering the professional services being provided by the Partner to that End-User.

4. OUR ROLE

• As explained in section 3, SCRIPT’s role is limited to operating the technology within the App and assisting in the process of Service Orders and their payments strictly as an intermediary. Whilst we may at our discretion provide assistance or mediation in resolving disputes and other matters, under all circumstances we are neither a direct nor an indirect party to any Related Agreement or any other transactions concluded with Partners over or with the help of the App.
• The Partners registered on the App are independent professionals and are not agents of or otherwise employed or contracted by SCRIPT. For its part, SCRIPT is not an agent for, and does not act on behalf of, the Partners using its App. SCRIPT does not represent these Partners in any way whatsoever (whether directly or indirectly) and makes no representations, guarantees or commitments of any kind about them, including as to their quality of service, professional competence, capabilities or otherwise. Each End-User accepts that it is his sole responsibility to decide whether to approach and use the professional services of a Partner (as a Medical Professional) and for assuring himself, including through his own experiences and feedback from others, that he is secure and satisfied with relying on those services, including any medical advice given. SCRIPT is not responsible or liable towards the End-User for the proper execution of any Related Agreement by a Partner and/or for any professional services rendered to the End-User by that Partner. Our provision of the Services to you, or acceptance of the Partner’s registration, should not be construed as any deviation or departure from this.
• SCRIPT is not an agent for, and does not act on behalf of, the Partners using its App. SCRIPT does not represent these Partners in any way whatsoever and makes no representations, guarantees or commitments of any kind about them, including as to their quality of service, professional competence, capabilities or otherwise. SCRIPT also does not control the quality, timing, fitness, suitability or any other aspect of the professional services provided to you by any Partner through or whilst using the App or the services available from it. Each End-User thus accepts that it is his sole responsibility to decide whether to approach and use the professional services of a Partner (as a Medical Professional) and for assuring himself, including through his feedback and his own experiences, that he is comfortable and satisfied with relying on those services, including any medical advice provided as part of them.
• All Partners have, as a condition of registration and permission to use our services, warranted to us that they have all the qualifications required and are appropriately licensed and registered to practice as a medical practitioner or (as applicable) dental surgeon in Malta (including as relating to their indicated “specialty”). The End-User accepts that we (SCRIPT) do, and are fully entitled to, rely on such warranties and are not in any way responsible for their correctness or accuracy and have no legal obligation to verify or otherwise investigate them.

5. END-USER ACCOUNTS

• You, the End-User, receive under these Terms a limited, non-exclusive, non-transferable, and non-sublicensable right to use the App and the Services in the form offered by us from time to time solely for the purposes established under these same Terms.
• To use the App and Services, the End-User must create an account (“End-User Account”) and provide such information as SCRIPT may request for such purposes. The account shall be accessible through the App using the End-User’s selected username and password.
• No one shall have an automatic right to a registered account. SCRIPT reserves the exclusive right to deny or refuse any account registration at its discretion, without obligation to provide reasons. The Services are only available to registered account holders.
• SCRIPT’s Services are only available to persons have attained the age of 16 years or older. Your may not register as an End-User if you do not fulfill this requirement.
• The End-User represents and warrants to SCRIPT (both at the time of account registration and on a continuing basis through the duration of his End-User Account) that:
• the End-User is not under any legal disability with respect to and is not otherwise subject to any law or regulation which prevents: (i) him from entering into these Terms, or (ii) his performance according to these Terms or any transaction contemplated in or created by them; and that as a result he has authority to enter into and accept these Terms;
• the End-User has not previously been removed or suspended from using the App; and
• any information which the End-User has provided or may provide to SCRIPT is complete, up-to date and correct, and will remain so, in all respects.
• When the End-User creates an account, the End-User undertakes and agrees to:
• create a strong password (of sufficient complexity) that the End-User does not use for any other mobile application, website or online service;
• maintain the security of his End-User Account by protecting his password and restricting access to the End-User Account;
• promptly notify SCRIPT as applicable if the End-User discovers or otherwise suspects any security breaches related to his End-User Account; and
• take responsibility for all activities that occur under his End-User Account and accept all risks of any authorised or unauthorised access, to the maximum extent permitted by law.
• The End-User must contact SCRIPT immediately if he suspects that his username or password details may have been disclosed to, or obtained by, a third party and/or that the security of those details have been compromised or may be in jeopardy. SCRIPT will not be liable for any disclosures made by the End-User of his account information or for any weak or insecure password selected by the End-User, or for any resulting consequences.
• The End-User’s account is not sub-licensable or transferable and may only be used by the End-User personally. Creation of a new account following termination by SCRIPT is not permitted. SCRIPT reserves the right to, at any time and at its discretion, disable, suspend, or delete an End-User’s account if he fails to comply with or fulfil any of these terms.
• In order to use or otherwise benefit from the Services, you (as an End-User) must submit valid credit card or other payment method information. SCRIPT does not store information of your payment instrument, as this is done by a third-party payment service provider used by SCRIPT. You agree to pay for all Service Orders, as accepted by the Partner, arising from your use of the Services. You must keep the credit card and other payment information that you have submitted or otherwise associated to your End-User Account updated at all times.

6. PAYMENTS

• The End-User will pay the professional fee due to the Partner in connection with the Service Order by using the relevant payment functionality provided in the App. SCRIPT collects all payments from End-Users on behalf of the Partner. The End-User’s payment obligation shall immediately become due upon the Partner’s acceptance of the Service Order as placed by the End-User using the Services. The End-User may fulfil this payment obligation only by using the relevant online payment method in the App (which is provided as part of the Services). SCRIPT uses a third-party payment service provider for processing of payments.
• All Service Orders are subject to acceptance by the relevant Partner. The payment for the Partner’s professional fee shall be automatically charged from the End-User’s credit card. By placing a Service Order using the Services, the End-User agrees and authorises SCRIPT to make an authorisation hold on behalf of the Partner on the End-User’s credit card covering the Partner’s professional fees and to subsequently have that payment transmitted to the Partner immediately upon Partner’s acceptance of the Service Order. Where however the Service Order is refused by the Partner, SCRIPT shall remove this authorisation hold.
• In placing a Service Order, the End-User consents to the Partner’s immediate performance of the requested professional service following that order’s acceptance and additionally, the End-Users accepts that, in providing this consent, he shall lose his right of withdrawal and any other statutory equivalent in the event of full performance of that service by the Partner.
• The Partner shall receive your payment, less SCRIPT’s commission, following the Partner’s acceptance of your Service Order. Your credit card is used as a payment guarantee and as the sole payment method. As indicated, SCRIPT uses a third-party provider to process payments and therefore, we will generally not have access to your credit card details.

7. ADDITIONAL END-USER UNDERTAKINGS

• The End-User agrees and undertakes not to:
• access or use the App for any purpose unrelated to the Services;
• violate, or assist any party in violating, through the App or otherwise, any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organisation;
• use or attempt to use another person’s personal SCRIPT account and/or access another person’s personal payment data through the Services or use another person’s personal payment cards when using the Services, without consent of that other person
• distribute (through the App or Services) any unsolicited or unauthorised advertising, promotional or marketing material or any junk mail, spam, or chain letters;
• directly or indirectly (including by permitting others to) reverse engineer or disassemble any aspect of the App or Services for any purpose, including but not limited to, in an effort to access any source code, object code, underlying ideas or algorithms;
• take any action that imposes, or could impose, an unreasonable or disproportionately large burden or load on SCRIPT’s infrastructure (including, but not limited to, the App, its servers, networks, data centres and related or like equipment), or detrimentally interfere with, intercept, or appropriate or expropriate any system, data, or information of SCRIPT;
• transmit or upload any material onto the App or its Services that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;
• harvest, mine, scrape or otherwise exfiltrate any user information from the App (regardless of whether it relates to SCRIPT, an end-user or any partner);
• attempt to gain, or assist any person with obtaining, unauthorised access to: (a) the App, the Services or systems of SCRIPT or the account of another end-user or any Partner; or (b) the computer systems or networks connected to the App or the Services, including through password mining, external or internal hacking or any other means;
• access all or any part of the App or the Services in order to build a product or service which either competes with the App or such services or with SCRIPT generally;
• use bots or other automated methods to use the Services;
• create a SCRIPT account using a fake identity or an identity of another person or
• use or otherwise access the Services in any way other than through the interfaces expressly provided by SCRIPT, namely the App.
• SCRIPT takes into consideration the feedback provided by End-Users with regards to the conduct of Partners. SCRIPT may use this feedback to investigate whether the Partner concerned has acted in breach of its policies or terms of services and thereafter, to take such action as SCRIPT may, at its sole discretion, deem necessary or fit in the circumstances (which could include account suspension or termination). The End-User agrees to report to SCRIPT any misconduct or improprieties by a Partner which may come to his knowledge.

8. ADDITIONAL USE REQUIREMENTS

• SCRIPT is constantly developing the Services and SCRIPT may change or remove different parts of the Service, including its features and the Partners available on it, in whole or in part.
• By using the Services, the End-User may encounter or receive information that has been provided by Partners. SCRIPT generally does not review or monitor the information provided by Partners (including as to accuracy). SCRIPT is not responsible for third parties’ (including the Partners’) information or for any damages arising as a result of the use of or reliance on it.
• The End-User shall be responsible for obtaining and maintaining any devices or equipment (such as telephones) and connections needed to access and use the App and its Services and all charges related thereto. SCRIPT may also from time to time automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you, the End-User, to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and Services.
• The End-User must comply with applicable third-party terms of agreement (including those of any relevant AppStore) when using the App or any of its respective Services.

9. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS

• All copyright and other Intellectual Property Rights in or to the App and all content and other materials contained in the App or provided in connection with the Services, or which otherwise result from the provision of the Services, including, without limitation, all logos and all designs, text, graphics, pictures, information, documents, reports software, sound files and other files included in the App and the selection and arrangement thereof (collectively, the “Materials”) are and shall at all times be the property of SCRIPT or its licensors or suppliers and are protected by Maltese and international copyright laws and other intellectual property rights laws. SCRIPT’s provision of the App and Services does not authorise the End-User to make use of the Materials in any manner other than as expressly permitted under these Terms.
• All trademarks and all other product and service names, logos and slogans that appear on the App or the Services belong to and are owned by SCRIPT, in Malta and in other countries, and may not be copied, imitated, or used, in whole or in part, without SCRIPT’s prior written content. The End-User may not use any trademark, product or service name of SCRIPT without SCRIPT’s prior written permission, including without limitation, any metatags or other “hidden text” utilising any trademark, product or service name of SCRIPT. In addition, the look and feel of the App and Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of SCRIPT and likewise may not be copied, imitated or used, in whole or in part, without its prior written permission.
• These Terms do not grant the End-User any Intellectual Property Rights in the App or Services or any of their components, and all rights not expressly granted herein are reserved by SCRIPT and its licensors. The End-User shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, trade, sub-license or otherwise transfer any rights, in or the App or the Services (including in respect of any software).
• The End-User shall: (i) comply with any notices on the use of the App and Services provided or published by SCRIPT, and (ii) not use the App or the Services if the End-User is a competitor of SCRIPT or if he intends to use them to develop a competing product or service.
• The End-User grants to SCRIPT a worldwide, royalty-free, sublicensable, and transferable right to use, modify, reproduce, distribute, display and publish any content provided by End-User in connection with the Services. Such content may include data, information, feedback, suggestions, text, and other materials that are uploaded, posted or otherwise transmitted relating to the Services. This licence shall survive any termination of the End-User’s account.
• In this section, the term “Intellectual Property Rights” shall mean copyright and related rights, patents, utility models, design rights, trademarks, trade names, trade secrets, know-how and any other form of registered or unregistered intellectual property rights.

10. SERVICE WARRANTIES

• The App and the Services have not been developed to meet any End-User’s individual requirements. Except as expressly stated in these Terms, SCRIPT does not give any representation, warranty or undertaking in relation to the App or Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute or otherwise is excluded to the fullest extent permitted by law. SCRIPT shall not be responsible for ensuring that the App or the Services are suitable for the End-User’s purposes.
• SCRIPT shall use its reasonable efforts to observe the care of a prudent service provider. The End-User however understands that the App and/or all or any one of the Services may, from time to time, become inaccessible, interrupted or temporarily unavailable as a result of communication failures, breakdown, or other malfunction, including inadequacy of or defect in any underlying internet or communication services or for scheduled maintenance or unscheduled emergency maintenance, either by SCRIPT or third-party providers, or because of causes beyond the reasonable control of SCRIPT. SCRIPT shall not bear any liability to the End-User for any such inaccessibility, interruption, downtime, unavailability or failure.
• SCRIPT may, from time to time, need to interrupt, suspend or discontinue the App or Services to carry out maintenance or implement updates or to protect its interests or those of other users. Do not use the Services for backing up any data. SCRIPT shall not be liable for any loss that may be suffered as a result of such interruption, suspension or discontinuance.
• Both the App and the Services are provided on a strictly “AS IS” and “AS AVAILABLE” basis. SCRIPT does not warrant that the App or the Services will be uninterrupted, timely, secure, error-free (including vulnerabilities) or virus-free, or that they will run or operate properly on all or any particular hardware or computer systems, and nor does SCRIPT make any warranty as to the results or other information that may be obtained by the End-User from his use of the App or the Services. The End-User understands and accepts that SCRIPT does not provide medical advice or medical services of any kind. SCRIPT does not participate in and bears no responsibility for any medical advice or services which you may access or receive through the App and you acknowledge that these are fully controlled and decided upon by the Partners.
• The Parties each agree that the warranties contained in this Clause 10 are in lieu of and fully exclude, to the fullest extent permitted by law, all other terms, conditions or warranties that may be implied by statute, law or otherwise as to the merchantability, title, custom, non-infringement, accuracy or informational content or results or system integration, fitness for any particular purpose or satisfactory quality, of the App and the Services.

11. LIABILITY AND INDEMNIFICATION

• Nothing in these Terms limits or excludes a party’s liability for:
• death or personal injury caused by that party’s negligence;
• fraud or fraudulent misrepresentation; or
• any other liability that cannot be limited or excluded by law.
• Subject to the foregoing, SCRIPT shall not be liable to the End-User for:
• any indirect, moral, consequential, special, punitive or exemplary damages, whether in contract, tort (including negligence) or otherwise (including, without limitation, (a) damages to the End-User’s device or that device’s software; (b) damages to the End-User’s computer equipment; (c) damages for loss of profits, revenue, goodwill, business or reputation; or (d) loss or corruption of data or information) that may be suffered or incurred by the End-User, or for which the End-User may become liable, as a result of or in connection with the End-User’s use, inability to use or non-use of the App or Services or SCRIPT’s breach of any obligations under these Terms (each a “Loss”); or
• any Loss due to actions taken by SCRIPT according to its rights under these Terms.
• SCRIPT is not responsible to the End-User for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, or which otherwise arise due to any failure or disruption of any internet services, and the End-User hereby acknowledges and accepts that both the App and its Services may be subject to limitations, delays and other problems inherent in the use of such communications networks and/or facilities and/or reliance on internet services.
• Provided that, in any case, to the extent that such liability cannot be excluded in terms of Applicable Law (as defined in section 17 of these Terms), and to the extent permitted in terms of such Applicable Law, the maximum liability of SCRIPT, or that of their officers, directors, employees, sub-contractors or agents, with respect to the End-User (whether in contract, tort (including negligence) or otherwise) shall be limited to the lesser of:
  • where applicable, the repair of any damage or the replacement of any damaged device, computer software or other equipment; or
  • a refund of the fees paid by the End-User for the provision of the Services.

In case the agreed limitation of liability is not permitted by Applicable Law, the liability of SCRIPT shall in such case always be limited to the greatest extent permitted by that law.

• The exclusions and limitations of liability in this Clause 11 shall survive the termination of this Agreement and shall apply, with full force and effect, in perpetuity between the Parties and any other entity that is or becomes the owner of the App or the End-User’s account, whether such occurs through a sale, merger, other transaction or by the operation of law.
• The End-User shall defend, indemnify and hold SCRIPT harmless, on a full indemnity basis, from and against all claims, losses, damages and expenses (including reasonable attorneys’ fees, legal expenses and court costs) asserted against SCRIPT by any third party, or which are otherwise suffered or incurred by SCRIPT, as a result of or in connection with:
• the End-User’s breach of these Terms;
• the End-User’s breach of any representations or warranties provided to SCRIPT;
• any negligent or fraudulent act or omission or wilful misconduct by the End-User.
• any third-party claim arising from or connected with any act or omission by the End-User.

12. TERMINATION

• These Terms are in force as a binding agreement between SCRIPT and the End-User until further notice for so long as the End-User is using the Services or maintains an account.
• SCRIPT is, at its sole discretion, entitled to remove (including by way of account termination) or otherwise suspend an End-User from the Services with immediate effect and/or refuse or cancel any Service Orders from an End-User if: (i) the End-User abuses the Services or causes any harm, or detriment to or undue interference with the use of the Services or the Partners or SCRIPT or its employees, (ii) SCRIPT has reasonable belief of fraudulent acts by the End-User when using the Services, (iii) the End-User fails to comply with his obligations arising from these Terms; (iv) there is reasonable doubt about the correctness or authenticity of the Service Order (including by attempting to mislead Partners into issuing prescriptions); or (v) the End-User engages in threatening, harassing, racist, sexist or any other behaviour that SCRIPT deems inappropriate towards Partners or SCRIPT’s employees. If SCRIPT cancels a Service Order that has already been paid for, SCRIPT shall transfer that amount into the same user account as the one from which the payment was made by the End-User.
• The End-User can discontinue the use of the Services at any time. SCRIPT can discontinue providing the Services permanently or temporarily at any time.
• Termination shall be without prejudice to any other rights or remedies to which SCRIPT or, as appropriate, the End-User may be entitled under these Terms or at law and shall not affect the coming into or the continuance in force of any provision of these Terms which is expressly or by implication to come into effect or to continue in effect after such termination.

13. DATA PROTECTION

• The End-User should refer to SCRIPT’s End-User Privacy Notice for information about how SCRIPT collects, uses, and shares end-user data. SCRIPT, together with the Partner providing you with the relevant professional services, act as a joint controller of your data.

14. THIRD-PARTY CONTENT

• In using the App or Services, the End-User may view content provided by third parties (aside from Partners), including links to their web-pages (“Third-Party Content”). SCRIPT does not control, endorse, or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable.

15. AMENDMENTS

• SCRIPT shall be entitled to amend these Terms in favour of the End-User or to comply with applicable law and regulation or introduce new features without notice. Changes to these Terms which are not in the End-User’s favour may take place at any time by giving notice to the End-User at least thirty (30) days in advance (which may be sent by e-mail or by posting the amended Terms on the App) The End-User is deemed to have accepted such changes before their proposed date of entry into force. Any such changes will not apply to any dispute between you and SCRIPT arising prior to the date on which we posted the amended terms or notified you by email of such changes. If you do not wish to continue using the Services under the updated Terms, you may terminate your account by contacting us at info@script.mt.

16. ASSIGNMENT

• These Terms are only enforceable by SCRIPT and the End-User and no other person shall have any right to enforce them.
• The End-User may not assign, transfer, dispose of or grant security over any of his rights and obligations under these Terms without SCRIPT’s prior consent.
• SCRIPT may however assign or transfer any of its rights or obligations under these Terms or delegate all or any of its functions to a third party, whether in whole or in part, without the End-User prior consent, provided that the End-User is given notice thereof.

17. MISCELLANEOUS

• Waiver. SCRIPT’s failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof. A waiver is only effective if given in writing.
• Severance. The invalidity or unenforceability of any of the provisions of these Terms (for whatever reason) shall not affect the validity or enforceability of any other provision of these Terms, all of which shall remain in full force and effect.
• Successors and Assigns. These Terms shall be binding on, and inure to the benefit of, the Parties and their successors in title and permitted assigns, and references to any Party shall include that party’s successors in title and permitted assigns.
• Clause 2, 4, 9, 11, 12, 17 and 18 shall, to the extent applicable, survive any termination of this agreement between the End-User and SCRIPT.
• Investigations. The End-User shall cooperate with and assist SCRIPT in connection with any investigation, examination or enquiry by any governmental, public or regulatory authority (including by providing any document which SCRIPT may request for such purposes). 

• Force Majeure. SCRIPT will not be liable or responsible if our provision of the Services or support for the App or the Services is suspended or delayed by an event outside our control. In such case, we will contact you as soon as reasonably possible and the time for performance of its obligations will be extended for the duration of such event. Nonetheless, if there is a risk of substantial delay or period of suspension, you may contact us to terminate your account.
• Entire Agreement. Save as otherwise expressly provided herein, these Terms constitute the entire agreement between SCRIPT and the End-User in relation to its subject-matter and SCRIPT shall not be liable to the End-User for loss arising from or in connection with any agreement, representation, statement or undertaking made prior to the coming into effect of these Terms other than those agreements, representations, statements or undertakings which are expressly incorporated or referred to in these Terms.

18. APPLICABLE LAW AND DISPUTES

• These Terms (including their construction, validity, and performance) shall be governed and construed in all respects by the laws of Malta (“Applicable Law”).
• For all disputes arising out of, or relating to, or concerning, these Terms or any aspect of the Services, the parties will make all amicable attempts to resolve the dispute in the least onerous manner and without the need of judicial proceedings (of whatever form or nature). However, if the dispute cannot be resolved, the parties agree that the Courts of Malta shall have exclusive jurisdiction to hear and determine the dispute (whether contractual or non-contractual).