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Subscription Terms and Conditions

These terms and conditions set out the conditions relating to the sale of subscriptions whether in print or online or both, to the publication(s) or services you have indicated in any order form, submitted online, via telephone or any other means including letter or email. If you want to purchase a subscription for an organisation, such as for an institution, company or more than just one person, you must have indicated this when ordering. You should save a copy of these terms and conditions for your records. Any agreement to purchase a subscription or access to our publications is with the BMJ Publishing Group Limited ("BMJ Group"). The BMJ Group is a private limited company, incorporated in the United Kingdom under company registration number  3102371. The BMJ Group's registered office is situated at BMA House, Tavistock Square, London, WC1H 9JR. VAT Number 674738491. To contact us please either phone us on +44 (0) 7111 1105, fax us on +44 (0) 7383 6402 or email via support@bmjgroup.com. BMJ Publishing Group Limited, as a publisher, is governed by the self regulated Press Complaints Commission. Their Code of Practice can be viewed by accessing their website.

1. Types of subscriptions and what is included

1.1 Each publication or service we offer has different subscription options and therefore you should check the type of access and period of subscription/access on the web page or brochure for that publication which sets out its price and period of access.

1.2 Each subscription/access right is personal to the subscriber, and is a non exclusive, non transferable right of access from the date of contract, fully in accordance with our licence at Clause 6 below.

1.3 For paper subscriptions (where offered) these will be delivered to your nominated address, based on the number of issues stated on the subscription page, for 1 year starting with the current issue at the point of contract, unless otherwise agreed in writing. We will make every effort to deliver print goods within 30 days of each publication, but cannot be held responsible for postal or customs delays. Non print delivery will occur once your order has been accepted, via your access online or via downloads ( as applicable).

1.4 For certain features of online subscriptions, subscribers may need to agree to certain terms of use to access such features,or additional terms  including, without limitation the BMJ Quality Improvement Reports assignment, BMJ Learning Fora and BMJ.com and Clinical Evidence Rapid Responses.

1.5 We reserve the full editorial control over our publications and services and reserve the right to make changes, including but not limited to, our editorial approach, the right to remove certain content which may be or become contentious, complained about, unlawful, or which has not been complied in accordance with our requirements, and includes the look, feel and functionality of our publications and services.

2. Placing an order and our acceptance

2.1 When placing an order and/or making a payment, the process will only be available in English.

2.2 When you request a subscription ( which includes renewals or subscriptions) whether in print, online or via mobile downloads (as applicable to the publication or service), this subscription will be for a period of 12 months, unless Clause 2.5 below applies or as otherwise stated herein. You are not entitled to cancel your subscription during that 12 month period. The 12 months will start in accordance with Clause 2.4 below. However where a shorter site licence or pay per view option is being ordered, this will be for the stated period stated on the subscription page, brochure via telephone or other quoted period and no cancellations shall be permitted. If you wish to cancel any subscription, you will have no contractual right to do so and as you are requesting access to a “periodical” there is no statutory right of cancellation. Should you renew any subscription, unless otherwise advised, this renewal and future renewals will be subject to these Subscription Terms and Conditions.

2.3 After indicating what kind of subscription/access you require, the price for your subscription will be as indicated on the website, brochure, via the telephone, email or letter (as applicable) and will be exclusive of any taxes (if applicable) however the appropriate rate of tax will be indicated prior to any contract being concluded. Any price quoted with be inclusive of UK/International delivery charges, unless expressly otherwise stated. When you do submit your request for an order ( which in writing or verbally) you are making an offer to purchase a subscription/access, which we may accept or decline.

2.4 Your payment will then be processed by us ( or our agent if you are using an agent) and us or our agent will confirm if your payment is not validated. A binding contract comes into effect between us once we contact you within to confirm your order with your access details ( for non print subscriptions) but this is conditional upon these Subscription Terms and Conditions applying. If accepted, delivery will be made to you as specified above.

2.5 Subscriptions/access rights are supplied subject to availability, remaining in current circulation and continuing to be owned by us or licensed to us. In the event that we are unable to supply any subscriptions/access rights for the agreed term, we will inform you as soon as possible and provide you with a pro rata refund in the event that you have paid for a period for which we cannot comply. To the fullest extent permitted by law, we will not however be liable for any other direct or indirect losses, nor any losses (as set out in Clause 6), caused as a result of not being able to supply you with the subscriptions for all or any of the periods subscribed to. This does not affect your statutory rights.

3. Your Account Details

If your request for a subscription/access rights is accepted, you will be responsible for maintaining confidentiality of your online account and password, restricting access to your computer and/or preventing unauthorised access to your account. You agree to take responsibility for all activities that occur under your account or password. If you believe that your account or password is being or is about to be used by anyone else you should inform us immediately via support@bmjgroup.com.

4. Prices and Payments

4.1 Unless you have purchased your subscription via an agent, the price that you pay for your subscription/access rights should be the standard pricing as indicated on the website, brochure, letter, email or via the phone (as applicable) which will depend on your billing/invoice address. These prices are valid for purchases made during the calendar year which the purchase relates to. You will be charged in the currency as indicated via the website, brochure, letter, email or via the phone which, if not the country of your bank account, will be converted by your bank into the currency of your bank account, when processed. We are not responsible for any additional charges your bank may apply.

4.2 Whilst we try to ensure that all prices we display and quote are accurate, errors may occur. If we discover any error in the prices of the subscriptions you have ordered and this is greater than what you have paid, we will inform you as soon as possible and give you the option of recommencing your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel for this reason and we have already processed your payment, you will receive a full refund.

4.3 We usually only accept payment via credit/debit card details and once submitted these are processed by our contractors. If however you wish to fax your payment details to us, or discuss other methods of payment, please contact support@bmjgroup.com.

5. Customs
When you are ordering a paper publication for delivery overseas, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for custom clearance must be borne by you. We have no control over these charges and cannot predict what they may be.

6. Licence and acceptable and prohibited use of our content and website(s)

6.1 Institutional customers subscribing to any online or mobile material via this site will be governed by our institutional user licence http://group.bmj.com/group/subscriptions-and-sales/institutional-subscriptions/Single%20Institution%20Licence%20website%20April%202010.pdf/view.
No subscriptions may be purchased by an individual at the individual prices for an institution.

6.2 Downloading to screen, printing, or saving of small proportions of the online subscribed material for personal use is permissible. No commercial use of any part of the BMJ Group publications is permitted without the prior, express written permission of the BMJ Group. Systematic downloading is prohibited as is the creation of derivative works or other adaptation from the subscribed materials without the BMJ Group’s prior written consent. For the avoidance of doubt, framing of our websites or any part of them is not permitted, without our express written permission.
6.3 Subscribers must not allow online or mobile access to any BMJ Group subscribed material to third party who is not explicitly stated as the subscriber, the licence therefore is personal to the individual and cannot be transferred or sub licensed.

6.4 Subscribers must not modify the copies you have displayed or printed in any way and you may not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text without explicit permission. Any permitted use of our material is subject to ensuring that our copyright notices and trade marks appear as they do on all copies online and customary bibliographical citations including author attribution, date, article title (where applicable) and the URL to the relevant BMJ Group website are included. If you print off or download any material subscribed to in breach of these terms of use, your right to use any website(s) or mobile downloads will cease immediately and you must at our option return or destroy any copies of the materials you have made. All rights not expressly granted in these terms or any express written licence, are reserved.

6.5 The content, layout, design, data, databases and graphics on our websites and within our print publications are protected by UK and other international intellectual property laws and are owned by the BMJ Group and/or its licensor's. Unless expressly permitted in writing, or as otherwise permitted by virtue of the Website Terms and Conditions http://group.bmj.com/group/about/legal/terms and other than printing a small proportion of content or displaying this on your screen (strictly for your personal non-commercial use), no part of the website may be reproduced, stored in any medium, including but not limited to a retrieval system or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording, broadcasting) nor shown in public other than a Personal Development Planor your BMJ Quality Improvement workbook which you may download and store for your personal, non-commercial use. For the avoidance of doubt, all template documents and software you use to create any Personal Development Plan on the BMJ Learning is website are BMJ Group’s property, and you are granted a revocable, non-transferable licence for personal, non-commercial use.

6.6 The BMJ Group’s trademarks and logos which are displayed on any relevant website are the trademarks of the BMJ Group and its Licensor's. Any use including framing, meta tags or other text utilising the BMJ Group’s trademarks or other trademarks displayed, is strictly prohibited without our (or our Licensor's) express written consent.

6.7 Any material you upload to our sites will be considered non-confidential and non-proprietary (unless otherwise stated on the site) and you grant us a transferable, royalty free, worldwide, irrevocable licence to use, copy, distribute, edit, amend, disclose and sub licence to third parties any such material for any purpose, in any media. We may remove, edit or amend any such material at any time without notice to you. To the extent moral rights attach to any material to the fullest extent permitted by law these are waived in our favour. All material must adhere to the requirements of Clause 6.7. We will also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their rights including without limitation their intellectual property rights, reputational rights or of their right to privacy.

6.8 Any request for permission to use our content or images, or other use of our intellectual property not authorised under a subscription, should be made using the contact us details or permission request pages on the relevant website(s).

6.9 You must not use the website in any way that causes or is likely to cause the website or access to it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and contents sent from your computer to us. You must use the website for lawful purposes only. You must not use the website for any of the following:
- Fraudulent purposes in connection with a criminal offence or otherwise unlawful activity
- To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, political campaigning, commercial solicitation, chain letters, mass mailings or any spam
- To cause annoyance, inconvenience or needless anxiety
- To reproduce, duplicate, copy or resell any part of our site in contravention with these terms of use

6.10 Our websites contain links including hyperlinks which may take you outside BMJ Group websites. Links are provided for your convenience, and an inclusion of any link does not imply endorsement or approval by us of the linked website, its operator or content. We have no control over the contents or functionality of those sites and accept no responsibility for any loss or damages that may arise from your use of them. We are not responsible for any website outside the BMJ Group websites, and such websites use will be subject to relevant terms and conditions and privacy policies.

6.11 You may link to articles or the home page of the BMJ or BMJ Journals websites otherwise you must not deep link to any of our websites or link to our home pages without our agreement in writing. You may not provide a link which suggests a form of association, approval or endorsement on our part, unless we have expressly agreed to this in writing. We reserve the right to withdraw any linking permission upon notice to you or by amending these terms and conditions.

7. Disclaimers and limitations of liability
a) General disclaimers
Description or reference to a product or publication does not imply endorsement of that product or publication, unless it is owned by the BMJ Group and in which case it is subject to the disclaimers limitations of liability herein and within any licence or other agreement with you the latter of which shall prevail in the event of a conflict. To the fullest extent permitted by law, the material and information displayed on our websites is provided “as is” without any guarantees, conditions or warranties as to accuracy.

We try and ensure our websites are available for use 24 hours per day, 7 days per week other than for a small period for scheduled down time, however we do not warrant that at other time our websites will be available. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds should our sites become unavailable or access to a site becomes slow or incomplete due to system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the any of our websites inaccessible to you.

b) Additional product specific disclaimers

Best Health
Best Health is designed for non-medically trained individuals. It does not offer medical advice and should not be seen as a replacement for consultation with a doctor or other health professional. The articles and information on the Best Health website are designed for you to help you talk to your doctor, not to be used instead of seeing your doctor.

categories presented in Best Health indicate a judgement about the strength of evidence and the relevant importance of benefits and risks. We rely on our authors to confirm accuracy. Readers should be aware that professionals in the field may have different opinions. Also there are regular advances in medical research. Our categories do not indicate whether a particular treatment is generally appropriate or whether it is suitable for an individual.

Best Practice, Best Practice DX, Evidence Summary Pages and Action Sets
Best Practice (including DX), the Evidence Summary Pages and Action Sets are intended for use by licensed medical health professionals. You are responsible for your decisions on diagnosis, treatment and follow up for a patient, or from choosing or not choosing specific treatments based on this. The content does not, provide any conclusive check lists, endorse drugs, diagnose patients, or recommend therapy. Users should use their professional judgement in using the BMJ Group content, which is done at their own risk. They should always check and ensure that in each situation at the point of care they are qualified to consult and/or treat and/or prescribe at the point of care of a patient. Categories presented indicate a judgement about the evidence and strength of evidence available to our authors prior to publication and the relevant importance of benefit and harms. BMJ Group relies on its authors to confirm the accuracy of the information presented to prescribe generally accepted practices.

Users should be aware that professionals in the field may have different opinions. Because of this fact and because of regular advances in medical research and the possibility of human error, users should independently verify specified diagnosis methods, evidence, treatments, follow up, drugs and any contraindications or side effects including via manufacturers guidance. Also, the categories and information do not indicate whether a particular diagnosis, evidence, treatment and/or follow up is generally appropriate or whether it is up to date and suitable for a particular individual.  Please also note that information whilst not warranted to be accurate, is generally updated annually, so may be out of date. Ultimately it is the User’s responsibility to make your own professional judgements, so to appropriately advise and treat yourself or your patients.

BMJ, Student BMJ, BMJ Journals (including BMJ Case Reports, BMJ Careers and Veterinary Record)
We rely on our authors of articles, contractors and third party data providers to confirm the accuracy of information and advertisements presented and to describe generally accepted practices and therefore we as the publisher and editors cannot warrant its accuracy. Differences may occur also between the print and online text of articles and advertisements. Readers should be aware that professionals in the field may have different opinions. Because of this fact and also because of regular advances in medical research we strongly recommend that readers independently verify any information that they chose to rely upon. Ultimately it is the reader’s responsibility to make their own professional judgements. Opinions posted on Rapid Responses, the Advice Zone, International Experience and any other parts of the sites are those of the individuals posting them and not the views of the BMJ Group.

BMJ Learning and BMJ Quality Improvement
We do not warrant that the completion of any Modules or use of other material on the BMJ Learning website or use of BMJ Quality Improvement tools and resources will be all the necessary continuing professional development you need nor that it is accurate. We rely on our authors of articles, contractors and third party data providers to confirm the accuracy of information presented and to describe generally accepted practices and therefore we as the publisher and editors cannot warrant its accuracy or that this meets all or any requirements for professional development. Readers should be aware that professionals in the field may have different opinions. Because of this fact and also because of regular advances in medical research we strongly recommend that readers independently verify any information that they chose to rely upon. Ultimately it is the reader’s responsibility to make their own professional judgements. Opinions posted by users via the Fora and other parts of the sites are those of the individuals posting them and not the views of the BMJ Group. For BMA members, access to the BMJ Learning website is also conditional upon any agreement between the BMA and BMJ Group.

Clinical Evidence
The information contained in this publication is intended for medical professionals. Categories presented in Clinical Evidence indicate a judgement about the strength of the evidence available to our authors prior to publication and the relevant importance of benefit and harms. We rely on our authors to confirm the accuracy of the information presented to describe generally accepted practices. Readers should be aware that professionals in the field may have different opinions. Because of this fact and because of regular advances in medical research we strongly recommend that readers independently verify specified treatments and drugs including manufacturers’ guidance. Also, the categories do not indicate whether a particular treatment is generally appropriate or whether it is suitable for a particular individual. Ultimately it is the reader’s responsibility to make their own professional judgements, so to appropriately advise and treat their patients. Opinions posted on Clinical Evidence are those of the individuals and not the views of the BMJ Group.

7.2 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE BMJ GROUP EXPRESSLY EXCLUDES:
i. ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY;
ii. ANY LIABILITY CAUSED BY A FORCE MAJEURE EVENT;
iii. ANY OBLIGATION OF EFFECTIVENESS OR ACCURACY; AND
iv. OTHER THAN AS SET OUT BELOW, ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY YOU IN CONNECTION WITH THIS AGREEMENT, INCLUDING BY YOUR USE OR INABILITY TO USE ANY INFORMATION ON OUR WEBSITE OR WITHIN ANY PUBLICATION SUBSCRIBED TO, VIA ANY WEBSITES LINKED TO OUR WEBSITE(S) AND ANY MATERIAL POSTED ON IT, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, WASTED TIME AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWSOEVER AND WHETHER CAUSED BY TORT INCLUDING NEGLIGENCE, BY BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

NOTHING IN THIS PROVISION AFFECTS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE NOR FOR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW. THESE PROVISIONS DO NOT AFFECT ANY APPLICABLE STATUTORY RIGHTS. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT (OR ANY OTHER AGREEMENT BETWEEN YOU AND US), WE SHOULD HAVE ANY LIABILITY FOR ANY LOSS, HARM OR DAMAGE, YOU AND WE AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THREE TIMES THE FEES YOU HAVE PAID TO US. YOU AND THE BMJ GROUP AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU TO USE OUR PUBLICATIONS.

8. Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our website, policies, and these terms and conditions at any time. You will be subject to the general policies and conditions in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and the closest enforceable substitute (if possible) will be included and the excluded clause will not affect the validity and enforceability of any remaining conditions.

9. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control including reasons of Force Majeure which shall include any default due to an act of God, war, or threatened war, act of terrorism or threatened act of terrorism, strike, lockout, industrial action, health epidemic or pandemic, fire, flood, drought, tempest or other event beyond the control of either party. This condition does not affect your statutory rights.

 

10. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

11. Privacy

Our full privacy policy is set out on our corporate website at http://group.bmj.com/group/about/legal/privacy/. Please note that a session-based Cookie is used on this shopping site to link to data that we store about you on our servers. This data includes the contents of your shopping basket, demographic data (including address data), subscription information and content entitlements. This Cookie is used to point to this data, whenever you are logged on to this shopping site, or when using any of our websites. You can turn off cookies within your browser by going to 'Tools | Internet Options | Privacy' and selecting to block cookies. If you turn off cookies, you will be unable to place orders or benefit from the other features that use cookies.

12. Third Party Rights Exclusion

No party, who is not party to any contract which may be entered into by us, may enforce the terms of that contract and therefore we hereby exclude the operation of the Contracts (Rights of Third Parties) Act 1999.

13. Governing law and jurisdiction

To the fullest extent permitted by law, this Agreement will be governed by the laws of England and shall be governed and construed in accordance with the laws of England whose courts shall have exclusive jurisdiction, unless as at the date of formation of this Agreement either i) an English judgement could not be enforced in the Subscriber's stated country location; or ii) it would take six months or more for the BMJ Group to enforce an English judgement in the subscriber’s stated country location, then it is hereby agreed that this Agreement shall be governed by the laws of the subscriber’s stated country (or state if applicable) and their courts shall have jurisdiction. Notwithstanding any of the above, this clause is governed by the laws of England.

Date of last update of document: August  2012

 

 

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