Legal
Terms & conditions
[bracketed] value with your real details and have a solicitor review it — particularly the data
processing sections, which describe a system handling health data about identifiable people.
1. Who these terms are between
These terms govern your use of eMAR, provided by [Company legal name], company number [number], registered office [address]. By creating an account you accept them on behalf of your organisation.
2. What the service is — and is not
eMAR is a record-keeping and workflow platform for care homes and the pharmacies that supply them. It helps you record and evidence what your service did.
It is not a medical device, and it does not provide clinical advice. It does not decide what medication a person should receive, does not replace the judgement of a prescriber, pharmacist, nurse or carer, and does not make you compliant with any regulation on its own. Clinical responsibility for care remains entirely with you.
3. Your account
- Each user must have their own login. Shared accounts are not permitted — the record depends on knowing who did what.
- You are responsible for keeping credentials and witness PINs secure, and for removing access promptly when someone leaves.
- You must give accurate registration information and keep it current.
4. Your data and ours
The records you create remain yours. You grant us the licence needed to host and process them so we can provide the service. We process personal data as described in the privacy policy and under a data processing agreement, which forms part of these terms.
You are responsible for the lawfulness of what you record, for having a basis to process residents' health data, and for the accuracy of what your staff enter.
5. Fees, trial and renewal
- Care home subscriptions are charged monthly by plan — Standard, Pro or Advanced — each including ten residents, with a per-resident charge beyond that and, on some plans, a per-staff-account charge. Current prices are shown on the pricing page and on your billing screen.
- Pharmacy subscriptions are charged monthly and include ten linked care homes, with a per-home charge beyond that. A pharmacy may agree to pay for care homes it supplies; the care home may equally hold its own subscription.
- Optional add-ons are charged monthly in addition, and can be switched off from your billing screen.
- Subscriptions renew each period unless cancelled before the renewal date. Fees are exclusive of VAT.
- Where a promotional or trial period is offered it will be stated in writing at the time; none is implied by these terms.
6. The pharmacy portal
A pharmacy holds its own subscription. It may only access residents at care homes that have explicitly linked to it, and either side may end that link at any time.
7. Availability and support
We aim for high availability but do not guarantee uninterrupted service. Planned maintenance is notified in advance where practical. Support is provided by email during UK business hours; the target response time is [period]. [If you offer a formal SLA with credits, set it out here or link to it.]
Because this platform supports the administration of medicines, you must maintain a workable fallback for periods when it is unavailable — for example printed MAR charts.
8. Acceptable use
You must not attempt to breach security or access other organisations' data, upload malicious code, reverse engineer the service, resell it without our agreement, or use it unlawfully.
9. Intellectual property
We retain all rights in the software, brand and documentation. You retain all rights in your data.
10. Liability
Nothing limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited. Subject to that, neither party is liable for indirect or consequential loss, and our total liability in any twelve-month period is limited to the fees you paid in that period. [Have this clause reviewed — it is the one your customers' lawyers will read most carefully.]
11. Ending the agreement
You may cancel at any time, effective at the end of the current term. We may suspend or end an account for material breach, or for non-payment after notice. On termination you may export your data, and we will delete or return it on request.
12. Changes to these terms
We may update these terms and will give reasonable notice of any material change. Continuing to use the service after a change takes effect means you accept it.
13. Governing law
These terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.