Terms and Conditions for purchase of PACK (Practical Approach to Care Kit) products and services

These Terms and Conditions constitute part of a legally binding agreement between you and BMJ Publishing Group Limited. Please read them carefully and in full. Please note that BMJ’s Privacy and Cookies Policy, referred to in section 1.3 below, also applies and is an important part of your agreement with BMJ.

• Introduction

  • These are the terms and conditions which govern the purchase of the “Pack (Practical Approach to Care Kit)” products and services (referred to in these terms and conditions as the "BMJ PACK Product"). The BMJ PACK Product may be purchased as an e-book (“e-PACK”) or as a hard copy print edition (“PACK Print Edition”). By submitting your order for the BMJ PACK Product, you agree to these terms and conditions, as made available to you in the English language. If you do not agree with these terms and conditions you should not proceed with your purchase of the BMJ PACK Product.

  • References in these terms and conditions to "BMJ" (or "we", "us" or "our") are to BMJ Publishing Group Limited (company no. 3102371; registered office at BMA House, Tavistock Square, London WC1H 9JR; and VAT no. 674738491). If you need to contact us please telephone our customer service team at +44 (0) 20 7111 1105 or email us at support@bmj.com.

  • In order to purchase the BMJ PACK Product you will need to register as an account holder and provide us with accurate and complete information (including payment details and related contact, delivery and other information). All information received by us about or related to you as a result of, or connected with, your purchase of the BMJ PACK Product will be used by BMJ in accordance with our Privacy and Cookies Policy.

    Prior to purchasing the BMJ PACK Product please read the Privacy and Cookies Policy (and regularly check it before making further purchases in case changes are made to it) for further information about how we may process such information, including your personal data.

  • We may update our terms and conditions from time to time for legal or regulatory reasons, or to reflect changes in our products or business. If we make any significant changes we will record these in section 5.6 and you should check section 5.6 prior to making any further purchases of the BMJ PACK Product to see if any changes have been made as your purchase will be subject to the latest published version of the terms and conditions.

• Your Purchase

  • Contract with BMJ.
    By submitting your payment details you are making an offer to BMJ to buy the BMJ PACK Product in print or digital form. If you are ordering the e-PACK, you are requesting and agreeing that we supply digital content to you immediately upon acceptance of your offer (which means that you are not then entitled to a refund if you change your mind after we have provided you with access to the e-PACK). Your offer will be accepted by us and a contract formed only when we have verified your payment details at which point we will confirm your purchase by email to the address supplied. If you are purchasing an e-PACK, this confirmation email will include a link to a downloadable file of the BMJ PACK Product If we are unable to accept your order for any reason we will inform you by email and will not charge you. BMJ reserves the right to reject any offer in its absolute discretion.

  • Payment details.
    When you provide us with your payment details and the other information we request, you are representing to us that you are entitled to purchase the BMJ PACK Product and authorising us to take payment using the details supplied. Any refund to which you become entitled will be credited to the card or other payment method you used to submit payment (unless it has expired, in which case we will contact you).

  • Price and delivery costs.
    The price of the BMJ PACK Product, the delivery costs of the PACK Print Edition and the currency in which you are paying are stated on the relevant web page of the BMJ.com website or other BMJ online resource from which you begin the purchase process. This price will be re-confirmed to you as part of the ordering process. It is your responsibility to pay any charges that might be applied by your bank or payment provider in paying for your purchase, including in relation to any currency conversion required.

  • Incorrectly stated prices.
    Whilst we try to ensure that all prices we display and quote are correct and accurate, errors may occur. If we incorrectly state the price, we are not obliged to sell you the BMJ PACK Product at the incorrect price. If we discover an error during the order process we will notify you accordingly and you will have the option of either paying the correct price or cancelling your order. If you do neither of these things then we are entitled to cancel your order. If we have already processed payment before discovering the error we will refund your payment.

  • VAT (or other sales tax).
    The price for the BMJ PACK Product is inclusive of VAT (or other similar sales tax).

  • Delivery.
    If you are purchasing the e-PACK, we will make this available for download as soon as we have accepted your order. If you are purchasing the PACK Print Edition, we will post your order as soon as reasonably possible and in any event within seven days of the date on which we accept your order. Delivery arrangements will be in accordance with your local postal service provider’s normal practices.

  • Delay outside our control.
    We are not responsible for delays outsider our control. If our supply of the BMJ PACK Product is delayed by an event outside our control we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be responsible for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any BMJ PACK product you have paid for but not received.

  • Cancellation (by us).
    We reserve the right to cancel your order, if any circumstances arise which oblige us to withdraw it from sale. If we do so, we will refund your payment.

  • Cancellation (by you).
    Under the UK’s Consumer Contracts Regulations 2013 you have the right to change your mind and receive a refund for most products bought online. However, if you order the e-PACK you are requesting and agreeing to our immediate supply of digital content and in these circumstances you do not have the right to change your mind. If you order the PACK Print Edition, you will have fourteen days from the day you (or someone on your behalf) receive the goods to tell us that you have changed your mind and request a refund. You must then return the goods within fourteen days of contacting us to tell us that you have changed your mind. We will refund the purchase price and delivery costs (but not the costs of returning the goods) by the same method as you used for payment as soon as reasonably practicable after we have received the returned goods.

  • If you wish to exercise your right to change your mind and receive a refund, please telephone our customer services department at +44 (0) 20 7111 1105 or email us at support@bmj.com. Please provide your name, home address, and where available you phone number and email address. Goods should be returned to the following address: BMJ Production department, BMJ, BMA House, Tavistock Square, London, WC1H 9JR

• BMJ Content

  • Copyright.
    All the intellectual property rights in the BMJ PACK Product including copyright belong to the University of Cape Town Lung Institute (“UCTLI”). BMJ has the rights to promote and licence the UCTLI PACK content. You may store, use and, display the e-PACK for your own personal, non-commercial use but may not otherwise copy, print, share, transfer, resell or otherwise distribute the BMJ PACK Product, or any part of it, to any other person. You may not remove any proprietary notices or labels from the BMJ PACK Product or attempt to bypass or circumvent any security features that protect the contents of the e-PACK.

  • While UCTLI and BMJ have used reasonable skill and care in developing the BMJ PACK Product it is provided to you on an "as is" basis. Neither UCTLI nor BMJ make any promises in respect of the quality, completeness or accuracy of the information contained within the BMJ PACK Product. The BMJ PACK Product is provided as a resource for your general information and use and is not (and is not intended) to address your or any particular requirements. It is intended for use by clinicians and/or other health professionals and in this capacity it is your responsibility to make your own professional decisions and judgments and to independently verify any information that you may choose to rely upon in the BMJ PACK Product.

  • Links.
    For editorial reasons the e-PACK may contain links (either directly or through frames) that take you to a BMJ or third party's website. Links are provided for your convenience and do not imply endorsement or approval by UCTLI or BMJ of any third party's website or any of the content posted there (including user-generated content), or any goods or services that may be made available by any such third party. We have no control over the operation or content of such third party websites and accept no responsibility for the content neither of such third party websites nor for any loss or damage that may arise from your accessing or using them.

• Summary of your key legal rights

  • How to tell us about problems.
    If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +44 (0) 20 7111 1105 or email us at support@bmj.com

  • Summary of your legal rights.
    We are under a legal duty to supply products that are in conformity with this contract. The box below summarises your key legal rights in relation to the BMJ PACK Product. Nothing in these terms and conditions will affect your legal rights.

  Summary of your key legal rights
  This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk.

  The PACK Print Edition
  The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of the PACK Print Edition your legal rights entitle you to the following:

  • up to 30 days: if your goods are faulty, then you can get an immediate refund.
  • up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
  • up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

  See also clause 2.10.
  
  

  The ePACK
  The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

  • if your digital content is faulty, you're entitled to a repair or a replacement.
  • if the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
  • if you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation

  See also clause 2.10.

  • Your obligation to return rejected products.
    If you wish to exercise your legal rights to reject the goods because they are not as described, fit for purpose or of satisfactory quality, you must post them back to us. We will pay the costs of postage or collection. Please call customer services on +44 (0) 20 7111 1105 or email us at support@bmj.com for a return label or to arrange collection.

• Our liability to you
  Please read this section carefully - it makes clear to what extent, if any, BMJ accepts responsibility (liability) to you for your use of the BMJ PACK Product.

  • Neither BMJ nor UCTLI accept any responsibility if you incur any loss or damage as a result of using the BMJ PACK Product outside the scope of these terms and conditions. Nor do BMJ or UCTLI accept any responsibility in respect of any third party products or services referred or linked to in the BMJ PACK Product.

  • BMJ and UCTLI will be responsible only for loss or damage that is reasonably foreseeable as a result of its breach of these terms and conditions or otherwise as a result of a breach of a legal duty of care owed to you, and BMJ's and UCTLI’s combined total financial liability to you is limited to 115% of the price you have paid for the BMJ PACK Product.

  • BMJ is not responsible for and is not liable to you if you suffer or incur any loss as a result of matters beyond its reasonable control such as, by way of example (and not limited to), the provision or performance of public or private communications networks, internet services and/or connections, acts of god, industrial action, terrorist attack or threat.

  • Neither BMJ’s nor UCTLI's liability will be limited or excluded in the case of death or personal injury directly caused by their negligence; nor is the liability of either BMJ or UCTLI otherwise excluded or limited for loss or damage that cannot as a matter of law be excluded or limited.

• General

  • Transferring our rights and obligations.
    We may transfer our rights and obligations under these terms and conditions to another organisation upon notice to you.

  • Severability.
    Each of the provisions set out in these terms and conditions operates separately. If any court of competent jurisdiction determines that any of them are invalid, the invalidity will not affect the other provisions which shall remain in full force and effect (and construed accordingly to the extent necessary).

  • No waiver.
    If either party fails to exercise any right or remedy under these terms and conditions then such failure does not amount to a waiver of that right or remedy.

  • Entire Agreement.
    These terms and conditions constitute the complete agreement between you and BMJ relating to your use of BMJ PACK Product.

  • Law & Jurisdiction.
    These terms and conditions will be subject to English law and both you and BMJ agree that the courts of England and Wales will have non-exclusive jurisdiction to settle any dispute which may arise out of, or under, or in connection with these terms and conditions..

  • Changes to these terms and conditions.
    These terms and conditions were published on 23 August 2017.