Terms and conditions relating to sales of online subscription to BMJ.com

Posted November 2005

These terms and conditions set out the conditions relating to sale of online BMJ.com subscriptions, purchased on our  websites. Also included within these terms and conditions are the Website Terms and Conditions. In addition, should you use distinct parts of BMJ.com such as Rapid Responses, additional terms as indicated shall also form part of our agreement. You should download copies  of these for your records.

1. Our product & your licence for use 

What is included in each BMJ.com subscription purchased is unlimited access to the subscriber (you only), to all BMJ.com journal articles, for 1 calendar year from the date of your subscription on BMJ.com, the earliest subscription date being 1 January 2005.

All BMJ.com content, layout, design, data and graphics are protected by UK and other international copyright laws. If your subscription is accepted, you will be granted a personal, non exclusive, non transferable licence to use such material for you personal and non commercial use. You may personally view material online or download a small proportion in paper form for such purposes. Other than as as previously stated, no part of the BMJ.com material or website may be reproduced, stored in a retrieval system or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording and/or otherwise) without our prior written consent. For permission, navigate to the article, click on 'Request permission' to begin a Rightslink application.  If such consent is granted, any such authorised uses of content, must include the customary bibliographic citation, including author attribution, date, article, article title and the URL www.bmj.com and must include the copyright notices.

The BMJ Publishing Group Limited trademarks and logos which are displayed on the website are the trademarks of the BMJ Publishing Group Limited and its licensors. Any use including framing, metatags or other text utilising the BMJ Publishing Group Limited's trademarks or other trademarks displayed, is strictly prohibited without our (or our Licensor's) express written consent.

2. Placing an order and our acceptance

2.1        When you request an online purchase, the language that will be offered to you for conclusion of this process will be English only.

2.2        When submitting your request to purchase any new BMJ.com subscription, you will be asked to which country you live in. For customers renewing a subscription, you will simply enter your customer number and access code. For both renewals and new subscriptions, you will then be shown the amount of your subscription, including VAT (if resident in the EU). You will then be asked for your registration details, (or to check them for renewals), including your name, home and email addresses. After this, you will proceed to a page that will set out your order, price and registration details. Then you will have an opportunity to correct any errors. You will then be asked to confirm that you have read these terms and conditions. You will then proceed to our payment section and submit details via Worldpay's secure payment system. When you do submit it, you are making an offer to purchase a BMJ.com subscription, which we may accept or decline. After you submit your offer, you will receive confirmation that your payment was either successful or unsuccessful.

2.3        We may at that time allow you to have temporary access online to BMJ.com, but this is a gesture of goodwill and does not represent acceptance of your offer. Access will need to be made via the username and password you supplied upon registration. Irrespective of payment, our contract will not become binding until 5 working days has elapsed after a successful payment is made, and only if we do not contact you. This is in case any price errors have occurred and in which case we will contact you.

2.4        Please note, once your order is accepted, you will have no right to cancel this subscription, as you are ordering access to online periodicals.

2.5        We do not guarantee that online access will be available at all times.  We will not, therefore, be liable for any direct or indirect loss caused as a result of you not being able to access BMJ.com.  This does not affect your statutory rights.

3. Your account details

If your order is accepted, you will be responsible for maintaining confidentiality of your online access and username and password and restricting access to your computer or preventing unauthorised access to your account. Access is only granted to you.  You agree to take responsibility for all activities that occur under your username and password. If you believe that your username and password are being used by anyone else you should inform us immediately, as well as if it is likely to be used in an unauthorised manner.

4. Prices and payments 

4.1        The price that you pay for the BMJ.com subscription you order should be the standard pricing for that as indicated on the website. These prices are valid for purchases during the calendar year which they relate to. Eurozone customers will be charged in Euro. US customers will be charged in US Dollars. For all other subscribers , you will be charged in Pounds Sterling.  For customers charged in Pounds Sterling who are situated outside of the UK, the exchange rate, will be calculated by your bank.

4.2        Whilst we try to ensure that all of our prices on our website are accurate, errors may occur. If we discover any error in the prices of the products you have ordered, 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 you do not respond to our contact, we will treat the order as cancelled. If you cancel and we have already processed your payment, you will receive a full refund.

4.3        Payments may be made through the method specified on our payment options section prior to concluding the transaction. We take all reasonable precautions to keep the details of your order and payments secure. Unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to the information provided by you.

5. Delivery 

We will make every effort to ensure online access is available as soon as possible after 1 January 2005, however delivery will not be of the essence. Once you have made your payment, you should be able to access BMJ.com online, by using your username and password, and delivery will be deemed to have taken place (subject to acceptance of your offer), although closed access to BMJ.com commences on 1 January 2005.

6. Losses 

6.1        To the fullest extent permitted by law, we will not be liable for any direct or indirect loss or consequential losses (including loss of profit, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) other than when your subscription(s) cannot be fulfilled, in which case our liability will be limited to the price you have paid for your subscription.

6.2        We do not however exclude or limit our liability for death or personal injury caused by our negligence or fraudulent misrepresentation.

6.3        Content displayed on BMJ.com is subject to the disclaimers on the Website Terms and Conditions.

7. Alteration of service or amendments to the conditions 

We reserve the right to make changes to our website and policies. You will be subject to the policies in force at the time that you use the website . We may also be required to change policies or these conditions by operation of law or government authority (in which case it will apply to any order previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

8. 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, individual action, fire, flood, drought, tempest or other event beyond the control of either party.

9. Waiver 

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

10. Complaints or contacting us 

If you have any complaints or wish to contact us please do so, by send feedback.

11. Governing law and jurisdiction 

These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the jurisdiction of the English courts, unless this is contrary to your statutory rights or no suitable remedy exists by enforcement in that jurisdiction.