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Terms and Conditions

This BMJ OnExamination website is owned by the BMJ Publishing Group Limited ("BMJ Group").

Use of Our Website

Please read the following Terms and Conditions, which relate to information regarding general use of our websites and the terms and conditions relating to purchases of subscriptions. By using our websites, you are agreeing to these Terms and Conditions whether as a registered user or subscriber. By using our site you are indicating you accept these terms of use and that you agree to abide by them. From time to time we may change these Terms and Conditions, and will post revisions on this website. We recommend that you read these Terms and Conditions prior to using our sites and thereafter regularly review any changes and you are responsible for doing so.

Privacy

Use of the data that you provide us, or which is collected by use on our website, is governed by our Privacy Policy. By using our site you consent to such processing.

Access to the BMJ OnExamination Website

We try to ensure that website availability is uninterrupted and that transmissions will be error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new facilities or services. We of course try to limit the frequency and duration of any suspension or restriction.

Accounts and Passwords

If you have registered or subscribed to use any service within the BMJ OnExamination Website, any user identification code or password is personal and non transferable and must be kept confidential and used only by you (unless agreed in writing with the BMJ Group) for the specified term of your subscription or registration period (which may be terminated at the discretion of the BMJ Group). We have the right to take action should this requirement be breached.

Our Products and Services

BMJ OnExamination is an online revision website for health professionals. A description of what is included in each BMJ OnExamination subscribed service is contained on our website including the period of each subscription. News Headlines and any other service which are currently available without a subscription are also indicated on the website.

The website has not been optimised for use via mobile devices and users wishing to do so should be aware that they may not experience full functionality of the site.

Regional Subscriptions

In addition to the full price subscriptions, which can be accessed anywhere within the world, BMJ OnExamination offers for sale within certain territories discounted subscriptions which can only be accessed within the territory in which the subscription can be purchased. When purchasing a subscription please consider whether the description of the subscription reflects your requirements (i.e. if it is described as an 'Indian' subscription then please note you will only be able to access this subscription from within India). If you wish to purchase a full price subscription and these do not appear to be detailed on the BMJ OnExamination website then please contact us as we will be happy to provide you with a quote for the sale of a full priced subscription. Please note that discounted subscriptions are normally only advertised in the territories within which they are available.

Placing an Order and our Acceptance

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

When submitting your request to purchase any BMJ OnExamination service, you will be asked to indicate which products that you wish to subscribe to (and then will be asked to indicate where you live). You will then proceed to another web page which will require you to initiate an account (if you have not already done so), by entering in your email address and choosing a password. You will then proceed to an Order Summary page and you will need to indicate your method of payment and some contact details. Should you be paying online, you will proceed to a secure payment page which is part of Worldpay and you will need to select your payment method, in which case your payment will then be processed by Worldpay. If you are paying by cheque, postal order or international money order, then details of your requirements are set out in the Order Summary. In either case, whether you make the payment online or whether you send a cheque, postal order or international money order to the BMJ Group, when you submit these you are making an offer to purchase the relevant BMJ OnExamination product or service, which we may accept or decline. After you submit your offer, you will receive confirmation that your payment was either successful or unsuccessful.

For online payments, we may at that time allow you to have temporary access online to the BMJ OnExamination service that you wish to subscribe to, but this is a gesture of goodwill and does not represent acceptance of your offer. Access will need to be made via the user name and password supplied. Irrespective of an online payment, our contract will not become binding until five working days have elapsed after a successful payment is made online and only if we do not contact you. This is in case any pricing errors have occurred and if so we will contact you. For cheque, postal order or international money orders our contract will become binding upon receipt by the BMJ Group of clear funds and notice of acceptance. Subject to the foregoing, delivery will be deemed to have taken place once the log in details have been sent by us to you.

Please note that if you wish to cancel any subscription that you have purchased after our contract comes into effect, cancellation shall be at our discretion and if accepted may be subject to a cancellation charge. You hereby agree that no cancellation is allowed after these services have started to be supplied. This does not otherwise affect your statutory rights.

BMJ OnExamination services are supplied subject to availability and remaining in current circulation. In the event that we are unable to supply any BMJ OnExamination services 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 to the full extent permitted by law, for any direct or indirect loss caused as a result of not being able to supply to you within the subscription for all or any of the periods subscribed to.

Prices and Payments

The price that you pay for the BMJ OnExamination services you order should be the standard pricing as indicated on the website. These prices are inclusive of all taxes and delivery unless otherwise indicated. They are valid for purchases during the calendar year which they relate to. All subscribers are required to make payment in pounds sterling. Should you be paying from an account outside of the United Kingdom, the exchange rate will be calculated by your bank.

We try to ensure that all of our prices on our website are accurate, however errors may occur. If we discover any errors in the prices of the services that 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 order and we have already processed your payment, you will receive a full refund.

Payments may be made through the methods specified on our Order Summary section of our website. We take all reasonable precautions to keep the details of your order and payment secure. Unless we are negligent however, we cannot be liable for losses causes as a result of unauthorised access to the information provided by you.

Intellectual Property Rights

The content, layout, design, data, databases and graphics on this website are protected by UK and other international intellectual property laws and are owned by the BMJ Group or it's Licensors. Unless expressly permitted in writing, and other than printing a certificate you have obtained and displaying our content on your screen and saving this within our BMJ OnExamination site, (strictly for your personal non-commercial use), no part of the website and/or its content may be reproduced, stored in any medium, including but not limited to a retrieval system or transmitted, in any form or by any means including but not limited to electronic, digital, paper, mechanical, via photocopying, recording, broadcasting nor shown in public. You may not create any derivative work or make any other adaptation, without our prior written consent. You must not modify any of the copies you have displayed on screen (or in printed certificates) in any way and you may not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text. Any permitted use of our material above is subject to ensuring that our copyright notices and trade marks appear as they do on our website. If you use any material from our website in breach of these terms of use, your right to use our site will cease immediately and you must at our option return or destroy any copies of the materials you have made in breach. All rights not expressly granted in these terms or any express written licence, are reserved.

The BMJ Group's trademarks and logos which are displayed on the website are the trademarks of the BMJ Group and its Licensors. Any use including framing, metatags 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.

Any material you upload to any user forum or via any news voting function will be considered non-confidential and non-proprietary (unless otherwise stated on the site) and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We 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 intellectal property rights, or of their right to privacy.

Permission for use of our intellectual property

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 by emailing support@onexamination.com.

Links

Our websites contain links including hyperlinks which may take you outside of the BMJ Group's 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.

Disclaimers and limitations of liability

Disclaimers

  • Description or reference to an organisation, product or publication or service does not imply endorsement of that unless it is owned by the BMJ Group and in which case it is subject to the disclaimers and limitations of liability herein. To the fullest extent permitted by law the material and information displayed on our website is provided without any guarantees, conditions or warranties as to accuracy.
  • The material on this website is intended for use as an exam revision or personal development resource. It is not a substitute for your own clinical judgement as a professional. Any reference to drug dosage should be checked with your local forumulary before prescribing. The BMJ Group does not make any guarantees that use of BMJ OnExamination products or services will guarantee success in any examination or other test of any nature.

Limitation of Liability

To the fullest extent permitted by law, the BMJ Group expressly exclude:

  • all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
  • any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the information contained on or use or inability to use or result of the use of our website, any websites linked to it 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, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and
  • any direct losses in excess of twice any subscription fees paid.

Nothing in this provision affects our or our contractors liability for death or personal injury arising from our (or their) negligence nor our (or their) liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter nor any other liability which cannot be excluded or limited under an applicable law.

Your conduct

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.

Governing law

These Terms and Conditions shall be governed and construed in accordance with the laws of England and Wales, whose courts shall have exclusive jurisdiction, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or other relevant country.

Last Updated: June 2011

© The BMJ Publishing Group Limited 2009-2012. All rights reserved.

Privacy Policy

Your privacy

Protecting your privacy is one of our top priorities. Please take a few minutes to review this policy.

Introduction

Our privacy commitment

This document sets out the basis for which The BMJ Publishing Group Limited ("BMJ Group") will process any personal data we collect from you.

We will make every effort to protect your privacy by adopting a consistently high level of site security and adhering to strict company policies on how we store and use personal information. This privacy policy has been developed in accordance with our legal obligations and may be updated from time to time.

If we make any changes to our privacy policy, we will post the revisions on our site.

1. What information is being collected and how is it used?

There are various sections of the website, for which we collect different information. What we collect and how this is used is as follows:

1.1 Registered Users

Access to content and services on our website requires either registration alone or also with a subscription. You will know what information is being collected when you complete required details prior to submission (including which information is mandatory). Where you submit a response on our forum for publication, your chosen user name will be published. We will use data collected to allow access to our website and fulfil any obligations to you (where these exist).

We will also use your data to monitor for any unauthorised use of our website, content or subscriptions to our content. We may also disclose your indentity and contact details to any third party claiming material posted by you is defamatory or violates their intellectual property rights or right to privacy.

You will be gven an opportunity to opt in or out (as applicable) from receiving marketing emails (and in other media) from the BMJ Group and third parties.

1.2 All users

As you browse the website, we collect information about your use of the site including but not limited to traffic data and location data. Essentially this will normally be which pages you have visited, how long you stay online and where you are located. We will not be able to identify who you are from the information we store, but we will be able to identify where you are located - (see point 1.3 below).

1.3 What else do we collect when you use our website?

Each time you use the internet, an IP address is assigned to your computer via the internet service provider. This number may either be the same or different each time. Each time your computer requests information from our website, we log your IP address on our server and may log operating systems and browser types for system administration and to report aggregate information. We may use this in order to gather information about the website traffic and usage.

Whether you are a registered user or not, our web server collects certain information such as (a) IP address; (b) host names (c) domain name (d) time and date information as requested (e) the browser version and platform when it is requested, (f) a record of which pages have been requested.

If you contact us, we may keep a record of that correspondence and use it to contact you in response and/or to update our records.

We may use all information to adhere to any legal requirements to disclose to third parties, enforce our legal rights, and protect against unauthorised access, use, activity and/or copying, either personally or via third party contractors and advisors. This may involve using your name and subscription details on a database with other publishers data for detection purposes.

1.4 What else do we use personal information for?

Other than for fulfilling any obligations to you (where these exist), on some occasions we use the information provided to produce anonymised aggregate statistics in relation to pages being accessed and the demographics of our users. We may also use it to monitor usage patterns on the website in order to improve navigation and design features to help you get information more easily. In order to help us develop the website and our services, we may provide such aggregate information to third parties. This may include aggregate data related to answers in questions on the database. The statistics however will not include any information that can be used to identify any individual. We may contact you to notify you about changes to our service.

2. How long do we keep the information we collect?

We keep your personal information for as long as necessary to fulfil our obligations to you, protect our legal interests and undertake analysis of our website to assist you and future users.

3. Use of cookies

The BMJ Group does not use cookies to retrieve information from your computer that was not originally sent in a cookie. The BMJ Group does not use information transferred through cookies for any promotional or marketing purposes, nor is that information shared with any third parties whatsoever.

More information about Cookies can be found at http://en.wikipedia.org/wiki/HTTP_cookie.

4. To whom will information be disclosed?

Other than as expressly agreed by you or otherwise stated when data is collected or within this policy, we will not diclose your personal data to any third parties other than:

  1. our owners (where applicable), Licensors, contractors and advisors who must keep this data confidential;
  2. as required to enforce our legal rights (including property, safety, our customers or others);
  3. fraud protection and credit risk reduction; and
  4. where our company or its assets (to which your data relates) are to be acquired by a new company, location data may be shared.

5. How personal information is stored and protected

Your personal data is stored in our databases or those of our contractors which is only available to the web administrators of us and our contractors and selected authorised people on a password protected basis (except where referred to in the final paragraph of Clause 1.3 herein). The data that we collect from you may be transferred to and stored at a destination outside of the European Economic Area ("EEA"). It may also be processed by staff operating outside of the EEA who work for us or are of our suppliers. Such staff may be engaged in among other things, hosting the fulfilment of your order, processing of your payment details and the provision of support services by submitting your personal data, you agree to this transfer, storing or process. We will take all steps reasonably necessary to ensure that your data is treated securely by us and our contractors and in accordance with this privacy policy. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential.

Please do not share your password(s) with anyone.

5.1 Security

We understand that the security of your information is important to you. We also understand that our continued success as a publisher on the web relies on our ability to communicate with you in a secure manner. We adhere to the highest standards of decency, fairness, and integrity in our operations. We use several measures to authenticate your identity when you visit our site. We also take steps to protect your information as it travels the internet, and to make sure all information is as secure as possible against unauthorised access and use (for example, by hackers). We review our security measures regularly.

Despite our best efforts, and the best efforts of other firms, "perfect security" does not exist on the internet, or anywhere else. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use struct procedures and security features to try to prevent unauthorised access.

5.2 Authentication

You should not share your user name and password with other people.

5.3 Email

Any email between you and the BMJ Group is not encrypted. It will be stored securely within our corporate firewall (see below).

5.4 Data within our walls

The information we collect about people visiting the site is stored in secure environments that are not available to any other individual or party. We have mechanisms in place to protect data. One such mechanism is called a "firewall". A firewall is a barrier that allows only authorised traffic through. It safeguards our computer systems and your information. We also use system and application logs to track all access. We review these logs periodically and investigate any anomalies or discrepancies.

6. Contact us

Please contact us if any of the data we hold about you becomes inaccurate and if you have any queries or concerns about the data we are holding about you. Also we welcome your feedback about what you like or don't like about our sites. Your feedback is stored on a secure internal system that allows the appropriate person to respond to you. Please contact us through our Contact us section.

7. Linking to external sites

Occasionally, you will encounter links to other sites that are not related to the BMJ Group. Please be aware that once you click to one of these sites, you are subject to that site's privacy policy and not to ours. You may wish to review the privacy policy for each site you visit.

8. Your consent

By submitting your information, you consent to the use of that information as set out in this policy. You should review this policy regularly, to note any changes as to how we collect and use personal information.

Thank you for reviewing this information.

If you have any questions, please send us an e-mail through our Contact us section.

Last updated June 2011.

© BMJ Publishing Group 2008-2011. All rights reserved.

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