DigiPharma

Terms & Conditions

The DigiPharma website is owned and operated by DigiPharma LTD, a company incorporated in Scotland with company number SC814450 and registered office at 12 Ronaldshaw Park, Ayr. KA7 2TJ

These Terms of Use affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms of Use, do not use our website.

We’re at your disposal if you need any help or have any questions regarding our website. Simply drop an email to: admin@digipharma.co.uk

We reserve the right to update these Terms of Use from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible. You are responsible for regularly reviewing these Terms of Use so that you are aware of any changes to them.

2. Other applicable terms

You should familiarise yourself with our Privacy Policy, which also applies to your use of our Site and sets out the terms on which we handle the data we collect from you as well as the data you provide to us.

In purchasing digital products from us you will need to refer to our Terms of Sale - see below.

3. Access to our website

Our website is for your professional use. You agree not to use our website or the content of our website for any purpose other than through prior agreement with DigiPharma LTD.

Your account information (login address, password, or any other piece of identifiable information) is strictly confidential and should not be shared with any third party. We reserve the right to disable your access to this site if we have reason to believe you have failed to comply with the provisions of these terms.

You must not attempt to gain unauthorised access to our website, the server on which our website is hosted, or any server, computer or database connected to it. This is a criminal offence under the Computer Misuse Act 1990 and we’ll have to report you to the relevant authority and disclose your identity. And of course, you’ll no longer be able to use our website.

We can’t accept responsibility for any damage or loss suffered because of a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your device, programs, data, or other proprietary material as a result of using our website, downloading any material posted on it, or using/downloading content from any website linked to it.

4. Acceptable Use

Any material which you contribute or upload to our Site must be true, accurate and correct, comply with applicable law, the professional duties of a pharmacist as outlined and enforced by GPhC.

Any breach of these standards will result in removal from the platform.

Access to clinical protocols is role-based and controlled by the pharmacy's designated Superintendent Pharmacist or Manager. DigiPharma provides platform-level access control but assumes no responsibility for assessing individual clinical competency. The clinical governance, including assignment of access rights and supervision of professional conduct, remains the sole responsibility of the lead pharmacist within each pharmacy group.

Individuals should only be given access to protocols that match their competency level. The clinical governance is the sole responsibility of the lead pharmacist within the practice/s.

5. Links on our website

We will link to other websites on our site. These links are there for your information only and we have no control over their content. Despite our best efforts and due diligence we can’t guarantee they are factually correct, nor can we accept any responsibility for any damage or loss you may suffer as a result of their use. If any of the links are broken please email: admin@digipharma.co.uk

6. Intellectual property rights

Everything that you see on our website is protected by copyright. DigiPharma is either the owner or the licensee of the material published and of all the attached rights.

7. Restriction, Suspension and Termination

We may restrict, suspend, or terminate your access to the website at any time if we reasonably believe you have breached these Terms of Use. Such action shall be without prejudice to any other rights or remedies available to us in respect of that breach. If, for security or operational reasons, we remove the website in whole or in part, or discontinue any features or sections, we will provide affected clients with a refund proportionate to the loss incurred. You shall have the right to terminate your use of the website if such removal renders the service unsuitable for your intended use, in which case a pro-rata refund will also be issued.

At DigiPharma, protecting the privacy and security of information entrusted to us is fundamental. Our platform is designed primarily for pharmacy partners, with patient data accessible only within their designated clinical accounts. All patient information is encrypted, securely transmitted, and stored in AWS infrastructure for a minimum of eight years, or longer if required by the client. Upon termination of services, clients can download a structured export of their data in JSON format, enabling secure portability of records.

We collect only essential anonymised activity data to enhance client collaboration and refine our product offerings. In collaboration with select third parties, we may leverage some of this anonymised data to analyse health trends and population demands. Importantly, no identifiable patient data is accessible to our business team, as this information remains strictly within active clinical accounts. We adhere to all relevant data protection regulations, ensuring secure storage and transmission with Cyber Essentials Security-compliant encryption protocols.

Our commitment to GDPR compliance reflects our dedication to privacy and responsible data management. We ensure that individuals provide clear, informed consent before personal data collection, limit data processing to essential uses, and prioritise data accuracy and integrity. Transparency is core to our practices, with detailed information available on how data is handled. Our data protection approach includes minimisation, restricted storage duration, and robust security measures against unauthorised access or breaches.

Individuals using our platform have rights to access, update, and request deletion of their data as needed. Our GDPR compliance reinforces our respect for individual privacy, promotes accountability, and embeds a culture of data protection throughout our organisation.

For further information email us: admin@digipharma.co.uk

Terms of Sale:

These Terms of Sale ("Terms") govern the purchase and use of our Software as a Service (SaaS) DigiPharma (“Product”). By completing a purchase, you agree to abide by these terms.

1. License and Access:
1. Upon payment, we grant you a non-exclusive, non-transferable licence to access and use our product for its intended purpose.
2. The licence is for your internal business use and is subject to compliance with these Terms.
2. Payment and Subscription:
1. Sign-up is for 12 months
2. Payment is due upon the selection of a subscription plan. Subscriptions automatically renew for 12 months, after the date of signup and the first payment is initiated.
3. Payments may be increased through the sign-up period based on product changes and cost changes for DigiPharma. This will only occur after notifying all active clients.
3. Usage Restrictions:
1. You agree not to sublicense, resell, or distribute the digital product to third parties.
2. Unauthorised use or access is strictly prohibited.
4. Data Security and Privacy:
1. We are committed to maintaining the security and privacy of your data. Our data handling practices comply with relevant data protection regulations.
2. You retain ownership of your data and grant us the right to process it for the purposes outlined in our privacy policy.
5. Support and Maintenance:
1. Subscription plans will include support and maintenance services.
2. We will make reasonable efforts to ensure uninterrupted access and resolve any issues promptly.
6. Intellectual Property:
1. All intellectual property rights related to the Product remain with us.
2. You agree not to reverse engineer, decompile, or otherwise attempt to derive the source code of the product.
3. You cannot demo the platform to any of our competitors, or try to emulate our IP.
6.1. Indemnity by DigiPharma
1. Subject to the remainder of this clause, DigiPharma shall indemnify and hold you harmless from and against any final judgment or agreed settlement arising out of:
2. (a) any third-party claim that the Product or DigiPharma Materials, in the form provided by DigiPharma and when used in accordance with this Agreement and documentation, directly infringe the intellectual property rights of a third party (IPR Claim); or
3. (b) any third-party claim arising from personal injury or tangible property damage caused solely by a material defect in the Product, where such defect is directly attributable to DigiPharma’s gross negligence or willful misconduct (TP Claim).
4. This indemnity shall not apply to claims arising from:
5. (i) modifications made by you or any third party without DigiPharma’s written consent;
6. (ii) use of the Product in combination with systems or data not provided or approved by DigiPharma; or
7. (iii) use of a version of the Product that was not the current or immediately previous supported release, where DigiPharma made an alternative available to avoid the alleged infringement or defect.
6.2. Your Obligations in Case of a Claim
1. You shall:
2. (a) notify DigiPharma in writing of any IPR Claim or TP Claim within five (5) business days of becoming aware of it;
3. (b) provide full and accurate details of the claim and all relevant documents;
4. (c) not admit liability or agree to any settlement or make any payment in relation to the claim without DigiPharma’s prior written consent; and
5. (d) allow DigiPharma to assume sole control of the defence and settlement of the claim and provide all reasonable cooperation, at DigiPharma’s cost.
6.3. Costs of Cooperation
1. DigiPharma shall reimburse you for your reasonable, pre-approved out-of-pocket costs incurred in complying with clause 6.2, provided such costs are supported by appropriate evidence.
6.4. Remedial Measures for Infringement
1. If an IPR Claim is made or is likely to be made, DigiPharma may, at its discretion and expense:
2. (a) procure for you the right to continue using the affected Product;
3. (b) modify or replace the Product to make it non-infringing, provided such modification or replacement is materially equivalent in functionality and performance; or
4. (c) if (a) and (b) are not commercially or technically feasible, terminate the affected license and refund any pre-paid fees attributable to the unused portion of the Product.
6.5. Limitation of Liability
1. DigiPharma’s total aggregate liability under clauses 6.1 to 6.4 shall not exceed the greater of:
2. (i) the total fees paid by you under this Agreement in the twelve (12) months preceding the date the claim arose; or
3. (ii) £500,000,
4. except where the claim arises from DigiPharma’s fraud, willful misconduct, or death/personal injury caused by negligence, in which case no limitation shall apply to the extent not permitted by law.
7. Termination:
7.1. Termination for Convenience
1. Either party may terminate this Agreement for any reason by providing the other party with notless than three (3) months’ prior written notice, provided that such notice shall not expire earlier than the end of the initial twelve (12) month subscription term.
7.2. Termination for Cause
1. Either party may terminate this Agreement with immediate effect by written notice to the other party if the other party commits a material breach of this Agreement and fails to remedy such breach within thirty (30) days of receiving written notice requiring it to do so.
7.3. Consequences of Termination
1. Upon termination or expiry of this Agreement for any reason:
2. (a) all rights granted to you to access and use the Product shall immediately cease;
3. (b) you shall immediately cease all use of the Product and any DigiPharma Materials;
4. (c) you shall pay all fees and charges accrued or payable as of the effective date of termination, including any amounts invoiced but unpaid; and
5. (d) each party shall, upon request, return or securely destroy the other’s Confidential Information, except where retention is required by law or securely stored in routine backup files inaccessible beyond disaster recovery purposes.
6. Termination of this Agreement shall be without prejudice to any rights, remedies, obligations, or liabilities of either party that have accrued up to the date of termination.
8. Changes to Terms:
1. We reserve the right to modify these Terms at any time. Updated Terms will be communicated to you, and your continued use constitutes acceptance.
9. Disclaimer of Warranties:
1. The Product is provided "as is." We make no warranties, express or implied, regarding its fitness for a particular purpose or uninterrupted access.
10. Limitation of Liability:
1. In no event shall we be liable for any indirect, consequential, or incidental damages arising out of the use or inability to use the digital product.
2. Patient decisions and any adverse events occurring while using our platform are solely the responsibility of the clinician and prescriber. DigiPharma serves as a support tool only and does not make clinical decisions.
3. By purchasing and using our DigiPharma platform, you acknowledge and agree to these Terms. If you have any questions, please contact us before proceeding.
11. Governing Law and Jurisdiction:
1. 11.1 These Terms shall be governed by and construed in accordance with the laws of Scotland.
2. 11.2 The Parties irrevocably agree that the Scottish courts shall have exclusive jurisdiction to settle any disputes.
12. Anti-Bribery and Anti-Corruption:
1. 12.1 Each Party shall comply with all applicable anti-bribery and anti-corruption laws, including but not limited to the UK Bribery Act 2010, and shall not engage in any conduct that would constitute an offence under that Act.
2. 12.2 Each Party confirms it has in place, and shall maintain, adequate procedures to prevent bribery and corruption.
3. 12.3 No Party shall offer, give, solicit or accept any bribe or improper advantage (as defined in the Bribery Act 2010) either in the United Kingdom or elsewhere, in connection with this Agreement.
4. 12.4 Each Party will ensure that all their personnel, others associated with that Party including subcontractors involved in performing the Agreement, will comply with this Clause 12.
5. 12.5 Each Party shall promptly report to the other any actual or suspected breach of this clause.
6. 12.6 Breach of this clause shall be a material breach and entitles the other Party to terminate the Agreement with immediate effect.
13. Anti Slavery:
1. 13.1 Both parties shall and shall procure that its officers, employees, agents and subcontractors (if any) shall: (a) comply with all Applicable Laws and codes relating to modern anti-slavery and human trafficking including the Modern Slavery Act 2015 (Relevant Requirements) that are applicable within the United Kingdom; (b) not engage in any activity, practice or conduct which would constitute an offence under Chapter 30 Part 1 sections 1, 2 or 4 of the Modern Slavery Act 2015 if such activity, practice or conduct had been carried out either wholly or partially within the UK; and (c) have and shall maintain in place throughout the term of this Agreement its own policies and procedures, including adequate procedures under the Modern Slavery Act 2015, to ensure compliance with the Relevant Requirements (especially Part 6 section 54), and will enforce them where appropriate.

*Last Updated: 02/06/25

For further information email us: admin@digipharma.co.uk