Controlled Drug Terms of Use

1. Acceptance

The Controlled Drug Features are off until the Customer’s owner agrees to these terms in the Service. By agreeing, the owner confirms that they are authorized to bind the Customer, and the Customer agrees to these terms for as long as it uses any Controlled Drug Feature and for any records made with them. Each agreement is recorded with the date, time and person who agreed.

2. The Customer Is Responsible for Compliance

Controlled and dangerous drugs are strictly regulated and the rules differ by country, state and drug. The Customer alone is responsible for complying with every law, regulation, licence condition, code of practice and instruction of a regulator that applies to it (“Controlled Drug Law”), including:

• holding every licence, registration, permit and authorization required to purchase, store, supply, dispense, destroy and record controlled drugs, and keeping them current;
• deciding which products are controlled, which class each is in, and the rules of each class, including registers, witnesses, repeats, validity, prescription content and retention;
• the content, form and medium of its registers and records, and whether an electronic register, a printout, or the Service is accepted for them where it operates;
• safe custody, storage, stock checks, reconciliation, and investigating and reporting discrepancies, losses, thefts and diversion to the authorities;
• the lawful destruction of controlled drugs, including any witness the law requires; and
• inspections, audits, notifications and reports to regulators, law enforcement and professional bodies.

The Customer must confirm with its regulator, before relying on the Controlled Drug Features, that they meet Controlled Drug Law for it, and must keep any other register, book, form or record the law requires in addition to the Service.

3. What Retaiva Provides

• The Controlled Drug Features are record-keeping and workflow tools. Retaiva does not confirm, warrant or represent that they, or any register, entry, field, printout, retention period or class rule in the Service, meet the law of any jurisdiction.
• Class lists offered as starting points, and any suggestion that a product is or may be controlled (including suggestions from reference databases or automated tools), are examples only. They may be incomplete, out of date or wrong, and are not legal, regulatory or professional advice. The Customer must check each one.
• The checks the Service makes on a prescription, a movement or a count are aids. They do not replace the professional judgment of the Customer’s pharmacists, who are solely responsible for every prescribing, dispensing, supply and destruction decision.
• Retaiva does not monitor the Customer’s controlled drug activity, verify its licences or its staff’s registrations, or report anything to any authority on its behalf, except where the law requires Retaiva itself to do so.

4. Records, PINs and Signatures

• Register entries are made from the stock movements the Customer records. The Customer is responsible for the accuracy and completeness of everything entered, including quantities, counterparts, prescribers, prescription references, counts and corrections, and for correcting errors in the way Controlled Drug Law requires.
• The Customer decides who may sign entries, gives PINs only to people the law entitles to sign or witness, and ensures each person keeps their PIN secret and signs only for themselves. Every entry signed with a person’s PIN is treated as signed by that person, and the Customer is responsible for it.
• The Customer must keep its records for as long as Controlled Drug Law requires, and must print or export them, and keep copies outside the Service, wherever the law or prudence requires. Retaiva does not guarantee that the Service or any record will be available at any particular time.
• The Customer must maintain a manual fallback process that lets it keep lawful records and continue or stop controlled drug activity safely if the Service, a device, a printer or a connection is unavailable.

5. No Warranty

The Controlled Drug Features are provided “as is” and “as available”. To the fullest extent permitted by law, Retaiva disclaims every warranty, condition and representation about them, whether express, implied or statutory, including any about legal or regulatory compliance, accuracy, completeness, fitness for a particular purpose and uninterrupted or error-free operation.

6. Limitation of Liability

To the fullest extent permitted by law, Retaiva is not liable for any loss, damage, cost, fine, penalty, sanction, suspension or loss of a licence or registration, regulatory or criminal investigation or proceeding, claim by a patient or third party, diversion, theft or misuse of controlled drugs, or harm to any person, arising from or connected with the Customer’s handling of controlled drugs or its use of, or reliance on, the Controlled Drug Features. In every other respect the limitations and exclusions of liability in the Terms apply, and Retaiva’s total liability connected with the Controlled Drug Features counts towards, and does not add to, the limit in the Terms. Nothing in these terms limits liability that cannot lawfully be limited.

7. Indemnity

The Customer will defend, indemnify and hold harmless Retaiva and its officers, employees, contractors and suppliers against every claim, demand, investigation, proceeding, fine, penalty, loss, cost and expense, including reasonable legal fees, arising from or connected with the Customer’s handling of controlled drugs, its breach of Controlled Drug Law or of these terms, or the acts or omissions of its personnel, including any use of a PIN.

8. Suspension and Ending

• Retaiva may suspend or turn off the Controlled Drug Features for a Customer, or for a country, at any time, including where it reasonably believes their use is or may be unlawful, or to comply with a regulator or the law. Where practicable, Retaiva will tell the Customer first.
• The Customer may stop using the Controlled Drug Features at any time. Ending use, or the end of the Customer’s subscription, does not end the Customer’s obligations for records already made, and sections 2, 4, 6 and 7 continue to apply.
• Records already made are kept and exported as the Terms describe. The Customer remains responsible for keeping them for the period Controlled Drug Law requires.

9. Changes

Retaiva may update these terms. A material change takes effect for a Customer once its owner accepts it; until then Retaiva may turn the Controlled Drug Features off for that Customer. Questions about these terms go to support@retaivatt.com.