TERMS & CONDITIONS
PARTIES
We are the BMJ Publishing Group Limited, a limited liability company whose registered office is situated at BMA House, Tavistock Square, London WC1H 9JR Company registration 03102371; (‘the BMJ Group’).
You wish to contract with the BMJ Group for the
purposes of purchasing services and you shall be referred to as ‘the Client’.
RECITALS
A) The BMJ Group is the publisher of various medical journals and, amongst other things, sells advertising space in those journals.
B) The Client is dealing in the course of a business and wishes to purchase advertising space, subject to the terms and conditions detailed in this document.
IT IS HEREBY AGREED AS FOLLOWS:
INTERPRETATION
1. Definitions
1.1 “Advertisement” means the advertisement proposed by the Client, via the Order Form.
1.2 “Agreement” means this document and any documents incorporated into it including the Order Form.
1.3 “Fee” means the amount payable by Client to the BMJ Group, as detailed on the Order Form prior to acceptance of this Agreement.
1.4 “Journals” means the publications that the Client opts, on the Order Form, to have the Advertisement published in.
1.5 “Order Form” means the on-line booking form, completed by the Client, as found at the Website.
1.6 “Party” means the BMJ Group or the Licensee.
1.7 “Selected Date” means the date, selected by the Client, on the Order Form, on which it is proposed the Advertisement will be published.
1.8 “Territories” means worldwide.
1.9 “Website” means careersads.bmj.com
2. BMJ Group’s Rights & Obligations
2.1 Subject to receipt of payment of the Fee, and subject to the provisions of clause 2.2 the BMJ Group will publish the Advertisement in the Journals on the Selected Dates.
2.2 The BMJ Group reserves the right to refuse any Advertisement that it considers to be potentially: defamatory, unlawful, obscene or damaging to its reputation.
3. Client’s Rights & Obligations
3.1 The Client will pay the fee, plus VAT which shall be added at the prevailing rate in the UK, as applicable.
3.2 The Client warrants that it has completed the Order Form with due care and attention and is satisfied that it has correctly inserted the information required.
3.3 Once the order has been placed the Client doesn’t have any contractual entitlement to a refund if they cancel the order. The BMJ Group may, at its sole discretion consider a request for a refund if an advertisement is cancelled, but is under no obligation to do so. Likewise if the Client wishes to change their requirement after booking then the BMJ Group may, at its sole discretion, consider the Client’s request, but will be under no obligation to accede to it.
4. Concluding Contract
4.1 The Client accepts the terms of this Agreement by way of indicating such acceptance upon a tick box provided on the Order Form.
4.2 The BMJ Group will retain an electronic copy of the Agreement; the Client will not have a right to require the BMJ Group to supply it with a copy of such Agreement although the Client may print or save a copy of the Agreement for its own records.
4.3 In the event that the Client believes it may have made an error in inputting data into the Order Form it may, and should, click on the ‘Change Booking’ or ‘Cancel Booking’ icon on the Order Form, prior to placing an order for the Advertisement; the Client may then reinsert the correct data prior to placing an order.
4.4 This Agreement is only offered in the English language.
4.5 The BMJ Group adheres to the Press Complaints Commissions codes of conduct which can be accessed via their website www.pcc.org.uk.
5. Intellectual Property
5.1 The Client warrants that it owns the copyright and any trademarks used in the Advertisement and hereby grants to the BMJ Group an irrevocable, perpetual, royalty free, licence to retain and publish the Advertisement, including any trademarks, anywhere in the Territories.
5.2 The BMJ Group owns the database rights to the compilation of advertisements that it holds, which include the Advertisement, within this database. To this extent the Client grants the BMJ Group an irrevocable, perpetual, royalty free, worldwide licence to include the Advertisement within this database.
6. Warranties & Indemnities
6.1 The Client warrants that nothing within the Advertisements shall be defamatory, or obscene.
6.2 The Client agrees to indemnify the BMJ Group fully in respect of any costs (including legal costs or other expenses), damages (including damages or compensation paid by BMJ Group on the advice of its legal advisers or insurers to compromise or settle any claim), losses, claims (whether actual or threatened) or expenses incurred or suffered by the BMJ Group resulting from any act or omission of the Client in contravention of this Agreement or due to any breach of the law by the Client.
7. Limitation of Liability
7.1 The Client acknowledges that the BMJ Group are offering it a cost effective means of advertising, and the Client acknowledges that, in order to keep such costs low, it is both appropriate and necessary for the BMJ Group to limit its liability. Accordingly the BMJ Group limits it liability, for all losses, whether direct, indirect or consequential to the sum of twice the Fee.
7.2 In the event that the BMJ Group fails to publish the Advertisement then the BMJ Group shall refund the Fee to the Client and shall otherwise not be liable to the Client.
7.3 Nothing within this Agreement limits the liability of the BMJ Group for personal injury or death caused by its negligence, or where such limitation of liability is otherwise not permitted at law.
8. Entire Agreement
8.1 This document, together with the Order Form contains the entire agreement between the Parties. Nothing in this clause intends to limit any liability for any fraudulent statements or acts or as otherwise precluded by law.
8.2 In the event of any conflict between this document and the Order Form the provisions in this document shall take precedence.
9. Notices
9.1 A notice, consent or other communication under this Agreement is only effective if it is in writing, signed and either left at the addressee’s address or sent to the addressee by mail or fax. If it is sent by mail, it is taken to have been received 2 working days after it is posted. If it is sent by fax it is taken to have been received when the addressee actually receives it in full and in legible form.
10. Force Majeure
10.1 Neither Party shall be liable to the other for any default due to any act of God, war, or threatened war, act or threatened act of terrorism, strike, lockout, individual action, fire, flood, drought, earthquake, tempest, health epidemic or other event beyond the reasonable control of either party.
11. Miscellaneous
11.1 The Parties hereby exclude the operation of the Contracts (Rights of Third Parties) Act 1999.
11.2 No delay or failure by either Party to exercise any of its powers, rights or remedies under this Agreement will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver, to be effective, must be in writing and signed by a duly authorised representative of each Party.
11.3 Any provision of this document which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this document enforceable, unless this would materially change the intended effect of this document.
11.4 Nothing in this Agreement shall be deemed to constitute a partnership between the Parties nor the relationship of principle and agent.
11.5 In this Agreement the singular shall include the plural and vice versa.
11.6 Nothing in this Agreement shall entitle either Party to make any representation to any third party that it has any authority to enter into any contractual relationship on behalf of the other Party.
11.7 The Parties agree that, in so far as they can be excluded by law, the provisions of the Electronic Commerce (EC Directive) Regulations 2002 shall not apply.
11.8 To the extent that the provisions of the Employment Agencies Act 1973 apply to our provision of services to you then we are an employment agency as defined within that Act.
12. Law & Jurisdiction
12.1 This Agreement shall be governed by English Law including formation and interpretation, and the Parties agree to submit to the exclusive jurisdiction of the English Courts save where it is necessary for enforcement purposes for the BMJ Group to bring proceedings within the Territories.
