Terms of Use

1. About these Terms

These Terms of Use (the “Terms”) govern access to https://www.customemissearches.co.uk (the “Website”) and the provision of custom EMIS Web Population Reporting search design by the operator of Custom EMIS Searches (“we”, “us”, “our”). They form a legally binding agreement between us and the GP practice or other organisation you represent (the “Practice”, “you”, “your”).

By submitting an enquiry, requesting a search, downloading or importing a search we supply, or otherwise using the Service, you agree to these Terms and to our Privacy Notice. If you do not agree, you must not use the Service.

2. Definitions and interpretation

“Service” means the unpaid design and supply of custom EMIS Web searches (and any accompanying description of search logic) from criteria you provide. “Search” means any search, report, protocol, or similar artefact we supply, including revisions. “Output” means any list, count, report, or other result generated when a Search is run in EMIS Web or any other system.

Headings are for convenience only and do not affect interpretation. Words in the singular include the plural and vice versa. A reference to “including” means “including without limitation”.

3. Who we are and who you are

We operate independently and are not an NHS organisation. We are not affiliated with, endorsed by, or agents of EMIS Health, Optum, or any EMIS group company. EMIS Web is a third-party clinical system. Nothing on the Website creates a partnership, joint venture, employment, or agency relationship.

You warrant that you have authority to bind the Practice. If you do not have that authority, you must not request the Service. The Service is offered to professional users in the United Kingdom only, and not to consumers for personal use.

4. The Service

We design custom EMIS Web searches from the inclusion, exclusion, and other criteria you email to us. We may, where we consider it useful, supply a plain-English description of the logic. We do not need, and you must not grant, access to the Practice’s EMIS Web environment. We design using our own credentials and test data.

Turnaround times stated on the Website are estimates only and are not contractual. We may decline, pause, or stop work where criteria are unclear, unlawful, unsafe, or would require patient-identifiable data, or where we consider a request to be outside the Service.

Building a Search is not the same as deciding how it should be used in your Practice. We do not implement, schedule, or run Searches in your system, and we do not supervise subsequent clinical or administrative workflows.

5. No charge

The Service is provided without charge. No fee, retainer, or success payment is payable unless we expressly agree otherwise in writing. The absence of a fee does not create a higher standard of care, a fiduciary duty, or any warranty that would not otherwise arise.

6. Your obligations

You must email enquiries@customemissearches.co.uk from a practice or NHS mailbox where practicable, provide accurate criteria, and review every Search before it is imported, run, relied upon, or used to contact patients. You must ensure that use of a Search complies with the Practice’s clinical governance, data protection, record-keeping, and EMIS configuration policies.

You must not reverse engineer the Website, misuse the Service, or represent our work as clinical validation, NICE guidance, QOF assurance, or an official NHS or EMIS product.

7. Patient-identifiable data

The Service is criteria-only. You must not send patient-identifiable data or special category data relating to patients (including NHS numbers, names, dates of birth, addresses, clinical notes, identifiable screenshots, or list exports). If such data is sent in error, you must notify us at once. We may delete it and decline to use it.

You remain the controller of patient data in your clinical system. We do not process patient records on your behalf as a processor under a data processing agreement, because the Service is not designed to receive those records.

8. Nature of the Service: not clinical advice

A Search is a reporting and list-generation tool. It is not clinical advice, a diagnosis, a treatment recommendation, a medical device, a decision-support system that replaces professional judgement, or a substitute for the Practice’s own review of records, coding, and care pathways.

Pharmacist involvement in designing a Search does not constitute the provision of a clinical consultation, prescribing advice, or a pharmacist-led service to patients of the Practice. No clinician–patient relationship is created with us.

9. How the Practice uses the Searches

The Practice alone decides whether to import, run, adapt, schedule, combine, share, or ignore any Search. That includes combining a Search with other reports, recalls, protocols, or workflows. We make no claim over delivered Searches: the Practice may use, copy, modify, share, or otherwise deal with them as it sees fit. We do not take any responsibility for how the Practice wants to use the Searches, nor for whether a Search is suitable for a particular purpose, population, or local pathway.

If you modify a Search after delivery, you do so at the Practice’s own risk. We are not obliged to review modifications unless we agree to a revision.

10. Clinical decisions

Associated clinical decisions — including, without limitation, who to contact, recall, invite, treat, refer, exclude, exception-code, or otherwise manage — remain solely the responsibility of the Practice and of the registered clinicians accountable for those patients.

You must not rely on a Search, or on any Output, as the sole basis for a clinical decision. A competent person at the Practice must apply professional judgement to individual records before action is taken.

11. Search output

We do not take any responsibility for the output of the searches. Output depends on factors outside our control, including clinical coding, data quality, configuration of EMIS Web at the Practice, user permissions, third-party data, and how and when a Search is run.

You must review Output before acting on it. False positives, false negatives, missing patients, and incorrect counts may occur. We do not warrant completeness, accuracy, currency, or fitness of Output for recall, QOF, audit, research, or any other purpose.

12. No warranty

The Website, Service, and Searches are provided “as is” and “as available”, to the fullest extent permitted by law. We give no warranty, representation, or undertaking, whether express or implied, that a Search will be complete, current, error-free, uninterrupted, compatible with any particular EMIS version, or fit for a particular purpose.

Implied terms as to satisfactory quality, fitness for purpose, and reasonable care and skill are excluded so far as they may lawfully be excluded in a business-to-business engagement. You should check the logic of each Search against your brief before relying on it.

13. Limitation of liability

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under the law of England and Wales.

Subject to the preceding paragraph, we shall not be liable (whether in contract, tort including negligence, breach of statutory duty, or otherwise) for: (a) how the Practice uses the Searches; (b) associated clinical decisions; (c) Search output or any action or omission based on Output; (d) loss of profit, revenue, goodwill, data, or anticipated savings; (e) indirect, consequential, special, or pure economic loss; or (f) loss arising from EMIS Web, third-party software, or the Practice’s own systems, coding, or staffing.

Subject to the first paragraph of this clause, our aggregate liability arising out of or in connection with the Service shall not exceed the greater of (i) the total amount (if any) paid by you to us for the Service in the twelve months preceding the claim, which, while the Service is provided without charge, is nil, and (ii) one hundred pounds sterling (£100).

You acknowledge that the Service is optional, unpaid, and supplied on the basis of these limitations, which allocate risk in a manner we consider reasonable. You are free not to use the Service.

14. Indemnity

You shall indemnify and keep us indemnified against all liabilities, costs, expenses, damages, and losses (including reasonable professional costs) suffered or incurred by us arising out of or in connection with: (a) the Practice’s use of a Search or of Output; (b) any clinical or administrative decision taken by the Practice or its staff; (c) your sending of patient-identifiable or other prohibited data; (d) your breach of these Terms; and (e) any claim by a patient, commissioner, regulator, or other third party relating to a Search we designed from your criteria, except to the extent caused by our fraud.

15. Confidentiality

We shall keep confidential the non-public criteria and correspondence you send, and shall not disclose them except to personnel who need them, to professional advisers under a duty of confidence, or as required by law. This clause does not prevent us from using anonymised, non-identifiable knowledge of search-design patterns to provide the Service to others, and it does not restrict the Practice from using or sharing a delivered Search.

16. Website

The Website is provided for information about the Service. Content may be changed without notice. We do not warrant that the Website is free of errors or interruptions. You must not attempt to probe, overload, or circumvent security of the Website or our hosting environment.

17. Variations

We may revise these Terms from time to time. The current version will be published at https://www.customemissearches.co.uk/terms. If you continue to use the Service after revised Terms are published, you will be bound by them in respect of subsequent requests.

18. Severance

If any provision of these Terms is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid. If modification is not possible, the provision shall be deemed deleted. Any modification or deletion shall not affect the validity of the rest of these Terms.

19. Third party rights

These Terms do not confer any rights on any person other than the parties, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that our personnel and volunteers may rely on the limitation of liability and indemnity clauses as if they were a party.

20. Entire agreement

These Terms, together with the Privacy Notice, constitute the entire agreement between you and us in relation to the Service and supersede all previous agreements, promises, and representations, whether written or oral. You acknowledge that you have not relied on any statement not set out in these documents. Nothing in this clause limits liability for fraud.

21. Governing law and jurisdiction

These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or the Service, shall be governed by and construed in accordance with the law of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim, without prejudice to our right to seek injunctive or other relief in any jurisdiction.

22. Contact

Notices and enquiries under these Terms should be sent to enquiries@customemissearches.co.uk. Please do not include patient-identifiable data.