These Terms & Conditions govern access to and use of the PharmaDesk platform and website. By using the service, you agree to these terms.
Contents
1. Agreement
By subscribing to, accessing or using the PharmaDesk platform or website, you confirm that you accept these terms and that the person accepting them has authority to bind the Customer. If you do not agree, you must not use the service.
2. Definitions
- Platform / Service — the PharmaDesk software, website, and related services we provide.
- Modules — the functional areas of the platform (such as POS & Inventory, Store Cashing-up, HR & Annual Leave, Locum Management and Reports) that you subscribe to.
- Branch — a pharmacy location for which the Service is enabled.
- Customer Data — data you or your users enter into or generate through the platform.
- Subscription — your ongoing right to use the selected Modules for the selected Branches.
3. The service & licence
Subject to these terms and payment of the applicable fees, we grant you a non-exclusive, non-transferable right to access and use the Service for your internal business purposes for the duration of your Subscription. We may update, improve or modify the Service from time to time. Some Modules depend on others to function (for example, point of sale requires the product catalogue and stock).
4. Accounts
You are responsible for your account, your users, and for keeping login credentials secure. You must ensure your users comply with these terms. You are responsible for all activity that occurs under your accounts. Notify us promptly of any unauthorised access or security concern.
5. Fees & billing
- Fees are charged per branch, per month, based on the Modules you select, together with any applicable one-time setup fees, as set out in your order or our current pricing.
- Recurring fees are billed in advance (monthly or annually, as chosen). Setup fees are billed on onboarding.
- Unless stated otherwise, fees are exclusive of VAT, which will be added where applicable.
- We may change fees on renewal or on reasonable prior notice.
- Late or failed payments may result in suspension of the Service after notice. Fees already paid are non-refundable except where required by law.
6. Acceptable use
You must not: use the Service unlawfully or for any unlawful purpose; attempt to gain unauthorised access to the platform or other customers’ data; copy, resell, reverse-engineer or create derivative works from the Service except as permitted by law; introduce malicious code; or use the Service in a way that harms its performance, security or availability.
7. Customer data
As between the parties, you own your Customer Data. You grant us the rights needed to host and process it to provide the Service. You are responsible for the accuracy and lawfulness of the data you enter and for having the necessary rights and permissions to do so. Where we process personal data on your behalf, we do so as a processor in accordance with our Privacy Policy and applicable data protection law.
8. Intellectual property
The platform, website, and all related software, content and materials (excluding Customer Data) are owned by PharmaDesk or its licensors and are protected by intellectual property laws. No rights are granted except as expressly set out in these terms.
9. Availability & support
We aim to provide a reliable Service and reasonable support, but the Service is provided on an “as available” basis and we do not guarantee uninterrupted or error-free operation. We may carry out maintenance, and will seek to minimise disruption where reasonably practicable. Offline-capable features are designed to help continuity but do not guarantee availability in all circumstances.
10. Third-party services
The Service may integrate with or rely on third-party services (for example, hosting, payment processing and messaging). Your use of those services may be subject to their own terms, and we are not responsible for third-party services outside our control.
11. Warranties & disclaimers
Except as expressly stated in these terms, and to the fullest extent permitted by law, the Service is provided without warranties of any kind, whether express or implied, including any implied warranties of satisfactory quality or fitness for a particular purpose. Nothing in these terms excludes any warranty or right that cannot be excluded under applicable law.
12. Limitation of liability
Nothing in these terms limits or excludes either party’s liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot be limited or excluded by law.
Subject to the above, and to the fullest extent permitted by law: (a) neither party is liable for indirect, special or consequential loss, or for loss of profit, revenue, goodwill or anticipated savings; and (b) our total aggregate liability arising out of or in connection with the Service in any 12-month period shall not exceed the fees paid by you for the Service in that period.
13. Term & termination
Your Subscription continues for the agreed term and renews unless cancelled in accordance with your plan. Either party may terminate for material breach that is not remedied within a reasonable period after notice, or where required by law. We may suspend or terminate access for non-payment, security risk, or breach of these terms. On termination, your right to use the Service ends; you may request export of your Customer Data within a reasonable period, after which we may delete it in line with our retention practices.
14. Changes to these terms
We may update these terms from time to time. We will post the updated version here and change the “Last updated” date. Continued use of the Service after changes take effect constitutes acceptance of the updated terms.
15. Governing law & jurisdiction
These terms and any dispute or claim arising out of or in connection with them are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction, save that we may bring proceedings to protect our intellectual property or recover sums due in any competent jurisdiction.
16. Contact
Questions about these terms? Contact us at:
- Email: support@pharmadesk.cloud
- Telephone: +966 50 090 0558
- Post: [Registered Company Name], [Registered Address]