1. The agreement
These Terms of Service (the “Terms”) are an agreement between PharmaCare (“PharmaCare”, “we”, “us” or “our”) and the pharmacy or business that uses PharmaCare PMS (“you” or “your”).
You accept these Terms when your administrator ticks the box to accept them while activating a licence, when your administrator accepts an updated version in the app, or when you sign an Order that refers to them. If you do not accept them, you may not install or use the Service.
The person who accepts these Terms confirms that they have authority to do so for the pharmacy. If they do not, they accept these Terms personally.
Your Order sets out your licence type, price, term and anything else agreed for your pharmacy. Where your Order and these Terms disagree, the Order applies to that point.
Our Privacy Policy explains how we handle personal data. Schedule 1 (Data processing) at the end of these Terms forms part of them.
2. Words we use
- Software: the PharmaCare PMS desktop app, including its installer, updates and documentation.
- Online Services: our website, the pharmacy portal, the offline register, cloud sync, licence checks, drug information updates, announcements and the email service we provide with the Software.
- Service: the Software and the Online Services together.
- Order: the written or electronic record of your licence type, price and term, such as a signed order form, an invoice or a quotation we have confirmed in writing.
- Licence Key: the key we issue to activate the Software for your pharmacy.
- Customer Data: the information you or your staff put into the Service, such as products, stock, prices, sales, suppliers, staff accounts and customer details.
- Authorised Users: your employees and contractors to whom you give an account in the Service.
- Clinical Content: drug information, counselling points, interaction alerts, dosing information and similar material in the Service.
3. Your licence to use PharmaCare PMS
During the term of your Order, and as long as you pay the fees and follow these Terms, we give you a non-exclusive, non-transferable right to install and use the Software, and to use the Online Services, for the internal business of the pharmacy named on your Licence Key.
Each Licence Key activates one main computer. Unless your Order says otherwise, you may connect other computers at the same pharmacy to that main computer over your local network.
Activating a licence, or moving it to a different computer, needs our approval. We check each activation and transfer to stop licence keys being used by people they were not issued to.
We keep all rights we do not expressly give you. You receive a right to use the Service, not ownership of it.
4. What you must not do
You must not, and must not allow anyone else to:
- copy, sell, rent, sublicense or share the Software or your Licence Key, or use them for a pharmacy or branch that is not on your Order;
- reverse engineer, decompile or modify the Software, except where the law allows it and the right cannot be excluded;
- get around or interfere with licence checks, device approval, access controls or other security measures;
- use the Service to break any law, including laws on pharmacy practice, controlled medicines, consumer protection, tax and data protection;
- upload malicious code, or try to access parts of the Online Services or data that belong to someone else;
- overload, scrape or disrupt the Online Services, or use them to send spam;
- remove our copyright or other notices from the Software.
5. Accounts and staff
Your administrator creates accounts for Authorised Users and chooses their roles and permissions. You are responsible for what is done under your accounts and for making sure your Authorised Users follow these Terms.
Keep passwords, the network connection secret and the Licence Key private. Give each person their own account, and close accounts when staff leave.
Tell us promptly if you think someone has used your accounts or Licence Key without permission.
6. Running your pharmacy
You remain responsible for running your pharmacy lawfully, including dispensing, record keeping, pricing, receipts, tax, and the requirements of the Pharmacy Council, the Food and Drugs Authority and other regulators. The Service helps with this work but does not take over these duties.
Check that stock levels, prices, receipts and reports are correct before you rely on them, and count your stock regularly.
You are responsible for your own computers, printers, network, internet connection, power supply, operating system updates and anti-virus software, and for meeting the system requirements we publish.
You are the data controller for the personal data of your customers and staff. You must have a lawful reason to collect it, tell people how you use it, and deal with their requests. Schedule 1 explains our part.
7. Clinical information
Clinical Content is there to support the professional judgement of qualified pharmacists and other health professionals, not to replace it. It is a general reference. It may be incomplete, may not reflect the latest evidence or product information, and does not take account of an individual patient’s circumstances.
Whether or not an interaction alert or counselling point appears does not show that a medicine or combination is safe or unsafe. The Service will not detect every interaction, contraindication, allergy or dosing error.
The pharmacist responsible for a sale or supply remains responsible for every clinical decision, including whether to supply a medicine and what to tell the patient. When in doubt, check the manufacturer’s product information and current national guidance, such as the Standard Treatment Guidelines.
The Service is not a medical device and is not intended to diagnose, treat or prevent any disease. Our team gathers and reviews the drug information we provide and updates it from time to time. If you find an error, please tell us so we can correct it.
8. Fees and payment
Fees are agreed with each pharmacy and recorded in your Order. They are in Ghana cedis unless the Order says otherwise.
Unless your Order says otherwise, pay each invoice within 14 days of its date. Fees do not include taxes, which you pay where they apply.
If a payment is overdue we will remind you. If it is still unpaid 14 days after that reminder, we may suspend the Service under section 11.
Fees already paid are not refundable, except where these Terms or your Order say otherwise or the law requires a refund.
9. Trials
We may give you a free trial licence. A trial runs for the period we tell you, after which the Software stops working until you activate a paid licence. A trial is provided as it is, without the commitments in section 15, and we may end it at any time.
10. Term, renewal and expiry
Your licence runs for the term in your Order, for example one month or one year, and renews when you pay the renewal fee.
When a licence expires, updates, support and the Online Services stop, and the Software may stop recording new sales. Your Customer Data stays on your computers, and section 12 explains how to get a copy.
11. Suspension and ending the agreement
We may suspend or revoke your Licence Key, or suspend the Online Services, if:
- fees are overdue as described in section 8;
- you seriously break these Terms, or break them and do not put it right within 14 days of our notice;
- your use puts the security of the Service, our other customers or their data at risk; or
- the law or a regulator requires it.
Except in an emergency or where the law prevents it, we will tell you before we suspend or revoke a licence, and the Software shows a warning for a grace period before it locks.
You may stop using the Service at any time. Either of us may end this agreement if the other seriously breaks it and does not put it right within 14 days of written notice. We may also end it on 30 days’ notice if we stop offering the Service, and we will then refund fees you paid for the period after it ends.
When the agreement ends, your right to use the Service ends. Sections 7, 12, 13 and 16 to 23 continue to apply.
12. Your data
You own your Customer Data. You allow us to store, copy, transmit and otherwise process it only as needed to provide, secure and support the Service, as described in our Privacy Policy and Schedule 1.
Most Customer Data stays on your own computers. Some is sent to the Online Services when you use features that need it, such as cloud sync, the pharmacy portal, the offline register, stock counts and staff emails. An administrator can turn cloud sync, or the upload of sales, off in the desktop app under Admin → Network & Sync → Cloud sync.
We treat your Customer Data as confidential. We do not sell it, and we do not show your stock, prices or sales to other pharmacies.
We may combine information from many pharmacies into statistics that do not identify you, your staff or your customers, and use them to run and improve the Service and to report on trends.
When you add a product, its name, generic name, strength, form and pack size may be added to a shared catalogue that all pharmacies can search. Its price, stock and sales are never shared. You allow us to keep, edit and share those catalogue entries, including after this agreement ends.
Within 90 days after the agreement ends you may ask us to help you export your Customer Data in a common format such as CSV. We delete the copies held in the Online Services within 90 days after the agreement ends, unless the law requires us to keep them or they remain for a short time in routine backups.
13. Backups
The Software stores your records on your computers. Use the backup tools in the Software, such as USB drive and Google Drive backups, check them regularly, and keep at least one copy away from the pharmacy.
We keep a copy of your backup encryption key so that a replacement computer we approve can restore your backups. We do not receive your backup files.
We are not responsible for data lost through hardware failure, theft, fire, power problems, viruses or ransomware, or because backups were not made, unless the loss is caused by our breach of these Terms.
14. Updates and changes to the Service
The Software downloads and installs updates automatically. Some updates are needed for the Software to keep working with the Online Services.
We may change, add or remove features. We will tell you before making a change that substantially reduces the core functions you pay for during a paid term. If such a change seriously affects you, you may end the agreement and we will refund fees paid for the period after it ends.
We may change the system requirements and will give you reasonable notice when we do.
15. Support and our commitments
We provide support by email, WhatsApp and phone during working hours, as described in your Order. We aim to respond as quickly as we reasonably can, but we do not guarantee response times unless your Order says so.
We will provide the Service with reasonable skill and care. We do not promise that it will be free of errors, available without interruption, or suited to every need of your pharmacy. The Online Services depend on the internet and on third-party providers.
Apart from what these Terms say, and as far as the law allows, we give no other promises or warranties about the Service, whether express or implied, including about fitness for a particular purpose.
16. Other services
The Service works with services run by others, such as Google Drive, WhatsApp, email providers, printers and your internet provider. Their own terms apply to your use of them, and we are not responsible for them.
17. Our intellectual property
We and our licensors own the Service, the Clinical Content we provide, and the PharmaCare name and logo. We may use suggestions you send us to improve the Service without any obligation to you.
18. Limits on our liability
Nothing in these Terms limits liability that the law does not allow to be limited, such as liability for fraud, or for death or personal injury caused by negligence.
We are not liable for:
- loss of profits, revenue, business or goodwill;
- indirect or consequential loss;
- loss of data, except as section 13 provides;
- loss arising from clinical or dispensing decisions;
- loss caused by your breach of these Terms, by your own equipment, network or third-party services, or by events outside our reasonable control.
Our total liability to you for all claims arising out of or in connection with the Service in any 12-month period is limited to the greater of the fees you paid us in the 12 months before the event that caused the claim and GH¢ 500.
19. Claims caused by your use
You will cover our reasonable losses and legal costs arising from a claim by someone else, such as a patient, a regulator or one of your staff, that results from your clinical or dispensing decisions, your breach of these Terms or the law, or Customer Data you did not have the right to use.
20. Confidentiality
Each of us will keep the other’s confidential information private and use it only for this agreement, unless the law requires disclosure. Your Customer Data, and our non-public product, pricing and security information, are confidential.
21. Changes to these Terms
We may update these Terms. We will tell you about important changes at least 30 days before they take effect, through a message in the Software or by email, and the Software will ask your administrator to accept the new version.
If you keep using the Service after the new version takes effect, you accept it. If you do not agree, you may stop using the Service before then, and we will refund fees paid for the period after you stop.
Changes needed for legal or security reasons may take effect sooner.
22. Law and disputes
These Terms are governed by the laws of the Republic of Ghana.
If a dispute arises, we will both first try in good faith to settle it by discussion. If it is not settled within 30 days, either of us may take it to the courts of Ghana, which have exclusive jurisdiction.
23. General
These Terms, your Order, Schedule 1 and the Privacy Policy are the whole agreement between us about the Service.
You may not transfer this agreement without our written consent. We may transfer it to a company we set up or control, or to a buyer of our business, and will tell you if we do.
Neither of us is responsible for delays or failures caused by events outside our reasonable control, such as power cuts, internet outages, natural disasters, strikes or government action.
If a court finds part of these Terms unenforceable, the rest still applies. If we do not enforce a right straight away, we have not given it up.
We may send notices to the email address or phone number we hold for your pharmacy. Send notices to us at apexpharmacy62@gmail.com. Agreements and notices made electronically are valid, in line with the Electronic Transactions Act, 2008 (Act 772).
24. Contact
PharmaCare, Ghana. Email apexpharmacy62@gmail.com.
Schedule 1: Data processing
- Roles: For personal data in your Customer Data, such as staff accounts and customer details, you are the controller and we are your processor. For information about your pharmacy as our customer, such as licence, billing and support records, we are the controller and our Privacy Policy applies.
- Instructions: We process Customer Data only to provide the Service, following these Terms, the settings you choose and your other written instructions, unless the law requires otherwise. We will tell you if we believe an instruction breaks the law.
- Our people: Everyone at PharmaCare who can access Customer Data must keep it confidential, and access is limited to what they need for their work.
- Security: We use appropriate technical and organisational measures, including encrypted connections, passwords stored only as hashes, a separate access token for each approved computer, our approval for new computers, encrypted backups, and permissions and an activity log on our admin console.
- Sub-processors: We use the providers listed in our Privacy Policy to host and run the Online Services. We will update that list before adding or replacing a provider. You may object on reasonable grounds, and if we cannot resolve your objection you may end the agreement.
- Location: Our providers may store and process data outside Ghana. We use only providers that protect it to a standard comparable to Ghanaian law.
- Breaches: If we become aware of a security breach affecting your Customer Data, we will tell you without undue delay and give you the information you need to meet your own duties, including notifying the Data Protection Commission and the people affected where the law requires it.
- Requests: We will help you, as far as reasonably possible, to respond to people exercising their rights under the Data Protection Act, 2012 (Act 843).
- End of the agreement: Section 12 explains how you can export your Customer Data and when we delete it.
- Information: We will give you the information reasonably needed to show that we meet this Schedule.