Terms & conditions

1. Who these terms are between

These terms govern your use of eMAR, provided by eMAR System Ltd, 95 Amington Road, Birmingham B25 8EP. 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 your billing screen and in the quote we give you.
• 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 — see support.

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. The eMAR Staff and eMAR Driver apps

These terms also cover our mobile apps: eMAR Staff, for care home staff, and eMAR Driver, for pharmacy delivery drivers.

• Licence. We grant you a personal, non-exclusive, non-transferable licence to use the apps on devices you own or control, only to use eMAR through an account provided by a care home or pharmacy with a current subscription.
• Your account comes from your employer. Logins are created, reset and removed by the care home or pharmacy you work for, and your use of the apps is also subject to their policies.
• Your device. Keep your phone locked and its software up to date, and do not let anyone else use your login. With no signal, the apps save a dose or a delivery on the phone and send it when the signal returns; a controlled drug needs a connection. eMAR Staff uses the camera only to photograph a wound or skin as part of a skin check; eMAR Driver uses it only to take proof-of-delivery photos, to photograph a problem or a document for your pharmacy, and to read the pharmacy's clock-in code.
• Not a medical device. Section 2 applies to the apps in full: they record what was done and do not replace anyone's clinical judgement.
• Deleting your account. See how to delete your account, and what is kept as part of residents' care records.

Apple and Google

These terms are between you and eMAR System Ltd only, not with Apple Inc. or Google LLC, and we — not Apple or Google — are responsible for the apps and their content. Apple and Google have no obligation to provide maintenance or support for the apps. To the maximum extent permitted by law, Apple has no warranty obligation for the iOS app; if it fails to conform to a warranty that applies, you may notify Apple, and Apple will refund any purchase price paid for it. Apple is not responsible for any claim by you or a third party relating to the apps, including product liability claims, claims that the apps fail to meet a legal or regulatory requirement, consumer protection claims, or claims that the apps infringe someone else's intellectual property — we are responsible for investigating, defending and settling those as these terms provide. You confirm that you are not located in a country subject to a US Government embargo and are not on a US Government list of prohibited or restricted parties. You must also comply with the app store's own terms of service. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you in relation to the iOS app.

10. Intellectual property

We retain all rights in the software, brand and documentation. You retain all rights in your data.

11. 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.

12. 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.

13. 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.

14. Governing law

These terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

15. Contact

eMAR System Ltd, 95 Amington Road, Birmingham B25 8EP. Email hello@emarsystem.com.