Terms of Use

1. About MogPharm

MogPharm is a pharmacy compliance, governance and inspection-readiness platform.

Depending on the features available to your organisation, MogPharm may support areas including:

• Standard Operating Procedures and staff acknowledgements
• staff tasks, training and compliance records
• near misses, incidents and patient-safety activities
• controlled-drug governance
• date checking and medicine expiry records
• Responsible Pharmacist and other operational records where applicable
• inspection readiness
• reporting, reminders and supporting evidence

We may also provide optional professional services, including mock inspections, SOP support, Pharmacy Quality Scheme support and other compliance services.

Separate terms, proposals or agreements may apply to professional services.

2. Accounts and authorised users

You are responsible for ensuring that your account information is accurate and kept up to date.

You must:

• keep your login details secure
• only allow authorised users to access your organisation’s account
• assign appropriate permissions to users
• remove access when a user is no longer authorised
• tell us promptly if you believe an account has been accessed without permission

You are responsible for activity carried out through accounts under your organisation’s control.

3. Acceptable use

You must not:

• use MogPharm for unlawful purposes
• upload or process information you do not have the right to use
• attempt to access another organisation’s information without permission
• bypass or interfere with security or access controls
• disrupt or interfere with the operation of the Service
• upload malicious software, harmful code or unlawful content
• infringe the rights of another person or organisation
• copy, reverse-engineer or misuse the Service except where permitted by law
• resell or commercially exploit access to MogPharm without our written permission

4. Your information and records

You remain responsible for the information and records entered into MogPharm by you or your authorised users.

You are responsible for ensuring that:

• information entered into MogPharm is accurate
• Personal Data is collected and used lawfully
• you have an appropriate lawful basis for processing Personal Data
• Special Category Data is only processed where legally permitted
• only information reasonably necessary for the relevant purpose is entered
• appropriate access permissions are maintained
• appropriate retention periods are determined by your organisation

Where MogPharm processes Personal Data on behalf of a pharmacy or organisation, that organisation will normally act as the Data Controller and MogPharm will act as the Data Processor.

Our processing of Personal Data is also governed by our Privacy Policy and Data Processing Agreement.

5. Professional and regulatory responsibility

MogPharm is designed to support pharmacy teams with compliance, governance and record keeping.

It does not replace professional judgement or the responsibilities of pharmacists, pharmacy technicians, Responsible Pharmacists, superintendent pharmacists, pharmacy owners, pharmacy managers or other authorised professionals.

Your organisation remains responsible for complying with all applicable:

• legal requirements
• professional standards
• GPhC requirements
• NHS requirements
• regulatory obligations
• internal governance procedures

MogPharm does not guarantee:

• that a pharmacy will pass a GPhC inspection
• a particular inspection outcome or rating
• achievement of a Pharmacy Quality Scheme outcome or payment
• regulatory approval
• prevention of professional, clinical or operational errors
• that use of the Service alone will satisfy all regulatory requirements

6. Compliance scores, reports and alerts

Where MogPharm provides compliance scores, readiness indicators, alerts, reports, recommendations or other automated information, these are designed to support your organisation’s own review and decision-making.

They should not be treated as a regulatory determination or a substitute for professional assessment.

You remain responsible for reviewing your own records and acting on any issues identified.

7. Availability and maintenance

We aim to keep MogPharm available and working reliably.

However, we cannot guarantee that the Service will always be available without interruption or error.

Access may occasionally be unavailable because of:

• planned maintenance
• emergency maintenance
• technical faults
• third-party infrastructure failures
• security incidents
• circumstances outside our reasonable control

We may update, improve, replace or remove features where reasonably necessary.

Where a significant change is likely to materially affect customers, we will aim to provide reasonable notice where practical.

8. Beta and early-access features

Some MogPharm features may be released on a pilot, beta or early-access basis.

These features may:

• still be under development
• change before wider release
• contain limitations or errors
• be discontinued

Where reasonably possible, we will identify features that are materially experimental.

9. Fees and subscriptions

Where MogPharm is provided on a paid plan, the applicable fees, billing arrangements, subscription term and cancellation terms will be those agreed when you subscribe or as set out in your order, proposal or agreement.

You are responsible for paying all amounts properly due under your subscription.

Where a minimum subscription term applies, ending use of the platform does not automatically remove payment obligations that have already arisen.

Any promotional, founding-customer or negotiated terms will apply only where agreed with MogPharm.

10. Data protection

Each party is responsible for complying with the data-protection laws that apply to it.

Where MogPharm processes Customer Data on behalf of your organisation, the MogPharm Data Processing Agreement applies.

MogPharm may also act as an independent Data Controller for certain business activities, including account administration, billing, sales enquiries and communications.

More information is available in our Privacy Policy.

11. Security

MogPharm uses technical and organisational measures designed to protect Personal Data and Customer Data.

These may include:

• role-based access controls
• authentication controls
• restricted administrative access
• tenant and database access controls
• encryption in transit
• encryption at rest through relevant infrastructure providers
• security logging
• backup and recovery arrangements
• security incident procedures

No internet-based system can be guaranteed to be completely secure.

Users are responsible for keeping login credentials confidential and ensuring that only authorised people have access to their accounts.

12. Third-party providers

MogPharm uses third-party service providers to support the operation of the platform.

These may include providers for:

• hosting
• database infrastructure
• authentication
• file storage
• email delivery
• application services

Third-party providers may change from time to time in accordance with our Data Processing Agreement.

13. Intellectual property

The MogPharm platform, including its software, design, branding, content and underlying technology, is owned by MogPharm Limited or its licensors.

We grant authorised users a limited, non-exclusive and non-transferable right to use MogPharm for their organisation’s internal business and pharmacy operations while access is valid.

You must not copy, sell, distribute, sublicense or commercially exploit MogPharm without our written permission.

You continue to own the information and records that you upload to the Service.

14. Customer materials

You retain ownership of documents, records and other materials uploaded by your organisation.

You give MogPharm the limited permission necessary to store, process, display, back up and otherwise handle those materials for the purpose of providing the Service.

15. Suspension

We may suspend access to MogPharm where reasonably necessary, including where:

• fees remain unpaid
• these Terms are materially breached
• continued use creates a security risk
• we reasonably believe the Service is being used unlawfully
• suspension is required by law
• suspension is necessary to protect users, Customer Data or the Service

Where reasonably possible, we will notify you before suspension and give you an opportunity to resolve the issue.

16. Ending your subscription

You may end your subscription in accordance with the cancellation terms that apply to your plan, proposal or agreement.

Where a minimum term applies, ending use of the Service before the end of that term will not normally remove your obligation to pay amounts due for that minimum period.

We may terminate access where:

• you materially breach these Terms
• fees remain unpaid after reasonable notice
• the Service is used unlawfully
• continued access creates a serious legal or security risk
• we are required to terminate access by law

17. Your data when access ends

When your subscription or access ends, Customer Data will be handled in accordance with our Data Processing Agreement and applicable contractual arrangements.

Where reasonably practicable, Customer Data may be exported, returned and/or deleted.

Information may remain temporarily within secure backups until the relevant backup cycle expires or the data is overwritten.

You are responsible for ensuring that you retain any records your organisation is legally, professionally or operationally required to keep.

18. Liability

Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

Subject to that, MogPharm will not be responsible for indirect or consequential losses arising from use of the Service.

MogPharm is not responsible for losses arising solely because a user or organisation:

• entered inaccurate information
• failed to complete required actions
• failed to maintain appropriate records
• failed to comply with professional or legal obligations
• relied on MogPharm as a substitute for professional judgement

Any further contractual limitation of liability will be set out in the applicable subscription agreement, order or other customer agreement.

19. Changes to these Terms

We may update these Terms from time to time where reasonably necessary to reflect:

• changes to MogPharm
• changes in law or regulation
• security requirements
• changes to our business or infrastructure
• improvements to our services

Where a material change significantly affects customers, we will aim to provide reasonable notice.

The latest version will be published on our website.

20. Governing law

These Terms are governed by the laws of England and Wales.

The courts of England and Wales will have jurisdiction in relation to disputes arising from these Terms, subject to any mandatory legal rights that cannot be excluded.

21. Contact us

MogPharm Limited
Suite RA01
195–197 Wood Street
London
E17 3NU
United Kingdom

Company number: 15829054

Privacy enquiries: privacy@mogpharm.com
Legal or contractual enquiries: info@mogpharm.com