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Last updated: 05/02/07
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These terms and conditions set out the conditions relating to sale of print or print and online subscriptions and renewals of BMJ Journals purchased on our websites. You should download a copy of these for your records. All journals on this website (with the exception of the Postgraduate Medical Journal), and either owned by the BMJ Publishing Group Limited ("BMJPG") alone or jointly with co-owning societies as indicated on the website.
The BMJ PG, is a private limited company, incorporated in the United Kingdom under company registration number 3102371. The BMJ PG's registered office is situated at BMA House, Tavistock Square, London, WC1H 9JR. VAT Number 674738491.
- Types of subscriptions and what is included?
- 1.1 Online individual subscriptions
- personal, non exclusive non transferable right to access full text of all issues subscribed to from the date of contract, online and by downloading articles in PDF format, fully in accordance with our licence ( see below)
- Citetrack ( which will alert you by e-mail whenever new content on the online journal or a participating journal is published that matches criteria based on the topics, authors and articles you want to track)
Delivery of the required online journals subscription will be deemed to take place once a contract comes into effect (thus subject to acceptance of your offer).
Any individual subscription to an online journal, is subject to our licensing agreement and purchasing a subscription is acceptance of our "Online Journal Individual User Licence Agreement" [http://journals.bmj.com/subscriptions/individuallicence.dtl]. To activate your subscription beyond the temporary access granted, please email:
subscriptions{at}bmjgroup.com
- 1.2 Print Subscriptions
The specified journal(s) delivered to your nominated address, for 1 year starting with the current issue at the point of contract. We will make every effort to deliver the goods within 30 days, however due to some journals cycles this is not possible and time of delivery will not be of the essence. We will endeavour to keep you informed of any delay if you are expecting a delivery date.
- 1.3 Pay Per View Subscriptions
Personal, non exclusive, non transferable access for your 1 selected article, from the computer you log on to the site from, for 48 hours from acceptable receipt of your payment details.
- 1.4 BMJ Journals Site Pass
Personal, non-transferable access to the selected journal(s), from the computer you log on to the site from, on an unlimited basis for 30 days from acceptable receipt of your payment details.
In all cases, as you are ordering a "periodical" therefore there is no contractual right of return, unless they are faulty.
- Placing an order and our acceptance
- 2.1 When making a request to do an online payment, the language that will be offered to you for conclusion of this process, will be in English only.
- 2.2 Other than for renewals, when submitting your request to subscribe to any BMJ Journals, you will be asked to indicate which journals you wish to subscribe to. Pay Per View or a Site Pass, if purchased will be for the period indicated in Clauses 1.3 and 1.4. For both renewals and new print and online subscriptions, this will be for a period of 12 months, unless Clause 2.5 below applies. The 12 months will start in accordance with Clause 2.4 below. If you wish to cancel any subscription, you will have no contractual right to do so and acceptance of that cancellation request shall be at our discretion and if accepted, may be subject to a cancellation charge.
- 2.3 After indicating what kind of subscription you require for new subscriptions, you will then proceed to an alternative screen which will request your billing address and delivery address and credit card details. For renewals this will be on two screens and you will simply need to confirm your contact details are correct. Included on these screens will be the total price for the subscription for the period requested including VAT (if applicable) and UK/International delivery charges. You will be asked to confirm that you have read these terms and conditions. When you do submit your request for payment to be authorised, you are making an offer to purchase a subscription, which we may accept or decline. After you submit your offer, Worldpay and/or us will send you an email confirming receipt of your payment request. We may at that time allow you to have temporary access online to the articles/journal(s) you have asked to subscribe to, from the terminal you submitted the order from, but this is a gesture of goodwill, and does not represent acceptance of your offer.
- 2.4 Your online payment will then be processed by us and we will confirm if your payment is not validated. A binding contract comes into effect between us in relation to an annual online or print subscription if we have not contacted you within 10 working days of submitting your order. If accepted, delivery will be made to you as specified above.
- 2.5 Subscriptions are supplied subject to availability, remaining in current circulation and journals continuing to be owned by us (other than for the Postgraduate Medical Journal). In the event that we are unable to supply any subscriptions 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. 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.
- Your Account Details
If your online subscription is accepted, you will be responsible for maintaining confidentiality of your online account and password, restricting access to your computer and/or prevent 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. (http://journals.bmj.com/cgi/feedback)
- Prices and Refunds
- The price that you pay for your subscription should be the standard pricing as indicated on the website these prices are valid for purchases during the calendar year which the purchase relates to. For new subscriptions, you will be charged in either Pounds Sterling, Euros or US Dollars converted at the fixed rate set out: (http://journals.bmj.com/subscriptions/cost2007.dtl). For renewal customers you will be charged in either Pounds Sterling, Euros or US Dollars depending on where you reside.
- 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 subscriptions 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 we are unable to contact you we will treat the order as cancelled. If you cancel and we have already processed your payment, you will receive a refund for the unexpired portion less a cancellation fee.
- 4.3 Payments may be made through this 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 losses caused as a result of unauthorised access to the information provided by you.
- Customs
When you are ordering from BMJ journals for delivery overseas, you may be subject to import duties and taxes, which is 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.
- Losses
- 6.1 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 as stated in Clause 6.2 or when your subscriptions cannot be fulfilled, and in which case, our liability to you will be as set out in clause 2.5.
- 6.2 We do not however exclude or limit our liability for death or personal injury caused from our negligence or fraudulent misrepresentation, nor does this affect your statutory rights.
- 6.3 Use of BMJ Journals content is subject to all disclaimers as contained on the BMJ Journals website and within paper publications
- 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 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.
- 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. This condition does not affect your statutory rights.
- 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.
- 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 exclusive jurisdiction of the English courts.
Date of document: February 2007
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