1. Definitions and Interpretation
means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;
means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of Our Site;
means a contract for the purchase of a Subscription to access Paid Content, as explained in Clause 6;
means digital content made available for sale via Our Site;
means a subscription to Our Site providing Commercial Channels or access to Paid Content;
means our acceptance and confirmation of your purchase of a Subscription;
means the reference number for your Subscription;
means a user of Our Site;
means any content submitted to Our Site by Users including, but not limited to products, services;
means Bloomsbury Health Limited, a company registered in England under 08298089, whose main trading address is 10 Bloomsbury Way, London, WC1A 2SL.
2. Information About Us
Our Site is owned and operated by Bloomsbury Health Limited, a company registered in England under 08298089, whose main trading address is 10 Bloomsbury Way, London, WC1A 2SL.
3. Access to Our Site
Access to Our Site is free of charge.
It is your responsibility to make any and all arrangements necessary in order to access Our Site.
Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
Certain parts of Our Site (including the ability to purchase Paid Content from Us) may require an Account in order to access them.
You may not create an Account if you are under 18 years of age.
When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at using the Contact Us page on the website. We will not be liable for any unauthorised use of your Account.
You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law.
If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
If you close your Account, any User Content you have created on Our Site will be anonymised by removing your username and avatar.
5. Subscriptions, Paid Content, Pricing and Availability
We make all reasonable efforts to ensure that all descriptions of Subscriptions and Paid Content available from Us correspond to the actual Subscription and Paid Content that you will receive.
Please note that sub-Clause 5.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor discrepancies.
We may from time to time change Our prices. Changes in price will not affect any Subscription that you have already purchased but will apply to any subsequent renewal or new Subscription. We will inform you of any change in price at least 60 days before the change is due to take effect. If you do not agree to such a change, you may cancel the Contract as described in sub-Clause 13.1.
Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect your use of that Paid Content. However, if any change is made that would affect your use of the Paid Content, suitable information will be provided to you.
In some cases, as described in the relevant content descriptions, We may also make more significant changes to the Paid Content. If We do so, We will inform you at least 30 days before the changes are due to take effect. If you do not agree to the changes, you may cancel the Contract as described in sub-Clause 13.1.
Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to you before you purchased your Subscription to access the Paid Content. Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.
We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Changes in price will not affect any order that you have already placed.
All prices are checked by Us before We accept your order. In the unlikely event that We have shown incorrect pricing information, We will
contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your order, we will simply charge you the lower amount and continue processing your order. If the correct price is higher, We will give you the option to purchase the Subscription at the correct price or to cancel your order (or the affected part of it). We will not proceed with processing your order in this case until you respond. If We do not receive a response from you within 7 business days, We will treat your order as cancelled and notify you of this in writing.
If We discover an error in the price or description of your Subscription after your order is processed, We will inform you immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform you of such an error and you do wish to cancel the Contract, please refer to sub-Clause 13.4.
If the price of a Subscription that you have ordered changes between your order being placed and Us processing that order and taking payment, you will be charged the price shown on Our Site at the time of placing your order.
All prices on Our Site include VAT. If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
6. Intellectual Property Rights
With the exception of User Content (see Clause 8), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
Subject to sub-Clauses 6.3 and 6.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
6.1.3 You may:
6.1.3.a.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
6.1.3.a.2 Download any Content where We have provided a link enabling you to do so;
6.1.3.a.3 Download Our Site (or any part of it) for caching;
6.1.3.a.4 Print one copy of any page(s) from Our Site;
6.1.3.a.5 Download extracts from pages on Our Site; and
6.1.3.a.6 Save pages from Our Site for later and/or offline viewing.
Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
You may not use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
7. Orders – How Contracts Are Formed
Our Site will guide you through the process of purchasing a Subscription. Before completing your purchase, you will be given the opportunity to review your order and amend it. Please ensure that you have checked your order carefully before submitting it.
If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from you providing incorrect or incomplete information.
No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your order does not mean that we have accepted it. Our acceptance is indicated by Us sending you a Subscription Confirmation by email. Only once We have sent you a Subscription Confirmation will there be a legally binding Contract between Us and you.
Subscription Confirmations shall contain the following information:
7.1.4.a.1 Your Subscription ID;
7.1.4.a.2 Confirmation of the Subscription ordered including full details of the main characteristics of the Subscription and Paid Content available as part of it;
7.1.4.a.3 Fully itemised pricing for your Subscription including, where appropriate, taxes, and other additional charges;
7.1.4.a.4 The duration of your Subscription (including the start date, and the expiry);
7.1.4.a.5 Confirmation of your acknowledgement that the Paid Content will be made available to you immediately and that you will lose your legal right to change your mind and cancel upon accessing the Paid Content as detailed below in sub-Clause 8.2.
In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 business days.
Any refunds under this Clause 7 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
Refunds under this Clause 7 will be made using the same payment method that you used when purchasing your Subscription unless you specifically request that We make a refund using a different method.
8. Provision of Paid Content
Paid Content appropriate to your Subscription will be available to you immediately when We send you a Subscription Confirmation and will continue to be available for the duration of your Subscription (including any renewals), or until you end the Contract.
When you place an order for a Subscription, you will be required to expressly acknowledge that you wish the Paid Content to be made available to you immediately. You will also be required to expressly acknowledge that by accessing (e.g. downloading or streaming) the Paid Content, you will lose your legal right to cancel if you change your mind (the “cooling-off period”).
In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:
8.1.3.a.1 To fix technical problems or to make necessary minor technical changes;
8.1.3.a.2 To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;
8.1.3.a.3 To make more significant changes to the Paid Content.
If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 8.3, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform you as soon as reasonably possible after suspension). You will not be charged while availability is suspended, and your Subscription will be extended by a period equivalent to the length of the suspension (unless the period of suspension is less than 48 hours). If the suspension lasts (or We tell you that it is going to last) for more than 48 hours, you may end the Contract as described below in sub-Clause 14.2.
Any refunds under this Clause 8 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
Refunds under this Clause 8 will be made using the same payment method that you used when purchasing your Subscription unless you specifically request that We make a refund using a different method.
9. User Content
User Content on Our Site includes (but is not necessarily limited to) products and services.
An Account is required if you wish to submit User Content. Please refer to Clause 4 for more information.
You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage expectations.
You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties. You will be responsible for any loss or damage suffered by Us as a result of such breach.
You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.
If you wish to remove User Content from Our Site, the User Content in question will be anonymised. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Acceptable Usage, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
10. Links to Our Site
10.1.1 You may link to Our Site provided that:
10.1.1.a.1 you do so in a fair and legal manner;
10.1.1.a.2 you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
10.1.1.a.3 you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
10.1.1.a.4 you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
10.1.2 You may link to any page of Our Site.
11. Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to information on the basis of any information provided on Our Site.
Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.
13. Cancelling Your Subscription
If you are a consumer in the European Union, by default you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason, including if you have changed your mind, and receive a refund. The period begins once We have sent you your Subscription Confirmation (i.e. when the Contract between you and Us is formed) and ends when you access (e.g. download or stream) the Paid Content, or 14 calendar days after the date of Our Subscription Confirmation, whichever occurs first.
After the cooling-off period, you may cancel your Subscription at any time, however subject to sub-Clause 13.3, We cannot offer any refunds and you will continue to have access to the Paid Content for the remainder of your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.
If you purchase a Subscription by mistake (or allow your Subscription to renew by mistake), please inform Us as soon as possible and do not attempt to access any Paid Content. Provided you have not accessed any Paid Content since the start date (or renewal date, as appropriate) of the Subscription We will be able to cancel the Subscription and issue a full refund. If you have accessed any Paid Content once the Subscription has started, We will not be able to offer any refund and you will continue to have access to the Paid Content for the remainder of the Subscription (up until the renewal or expiry date, as applicable).
If you wish to exercise your right to cancel under this Clause 13, you may inform Us of your cancellation. Cancellation by email or by post is effective from the date on which you send Us your message.
In each case, providing Us with your name, address, email address, telephone number, and Subscription ID.
We may ask you why you have chosen to cancel and may use any answers you provide to improve Our content and services, however please note that you are under no obligation to provide any details if you do not wish to.
Refunds under this Clause 13 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
Refunds under this Clause 13 will be made using the same payment method that you used when purchasing your Subscription unless you specifically request that We make a refund using a different method.
14. Your Other Rights to End the Contract
You may end the Contract at any time if We have informed you of a forthcoming change to your Subscription or the Paid Content, or to these Terms of Sale that you do not agree to. If the change is set to take effect or apply to you before the end of your current Subscription, We will issue you with a pro-rated refund equal to the remaining time left in that Subscription. If the change will not take effect or apply to you until the expiry of your current Subscription, the Contract will end at the end of that Subscription period and you will continue to have access to the Paid Content until that date.
If there is a risk that availability of the Paid Content will be significantly delayed because of events outside of Our control, you may end the Contract immediately. If you end the Contract for this reason, We will issue you with a prorate refund.
If We inform you of an error in the price or description of your Subscription or the Paid Content and you wish to end the Contract as a result, you may end it immediately. If you end the Contract for this reason, We will issue you with a refund.
You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund and compensation. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
Refunds under this Clause 14 will be made within 14 calendar days of the date on which your cancellation becomes effective, using the same payment method that you used when purchasing your Subscription unless you specifically request that We make a refund using a different method.
If you wish to exercise your right to cancel under this Clause 14, you may do so in any way you wish in each case, providing Us with your name, address, email address, telephone number, and Subscription ID.
We may ask you why you have chosen to cancel and may use any answers you provide to improve Our content and services, however please note that you are under no obligation to provide any details if you do not wish to.
15. Our Liability
The provisions of this Clause 15 apply to the use of Our Site. Limitations and exclusions stated to apply to Content in this Clause 15.
To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content, but not including Paid Content) included on Our Site.
To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content (excluding Paid Content) included on Our Site.
Our Site is intended for non-commercial use only. If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. However, subject to sub-Clause 9.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
16. Viruses, Malware and Security
We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
By breaching the provisions of sub-Clauses 16.3 to 16.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
17. Acceptable Usage Policy
You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 17. Specifically:
17.1.1.a.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
17.1.1.a.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
17.1.1.a.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
17.1.1.a.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:
17.1.2.a.1 is sexually explicit;
17.1.2.a.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
17.1.2.a.3 promotes violence;
17.1.2.a.4 promotes or assists in any form of unlawful activity;
17.1.2.a.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
17.1.2.a.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
17.1.2.a.7 is calculated or is otherwise likely to deceive;
17.1.2.a.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
17.1.2.a.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 17.2);
17.1.2.a.10 implies any form of affiliation with Us where none exists;
17.1.2.a.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
17.1.2.a.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
17.1.3.a.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
17.1.3.a.2 remove any User Content submitted by you that violates this Acceptable Usage Policy;
17.1.3.a.3 issue you with a written warning;
17.1.3.a.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
17.1.3.a.5 take further legal action against you as appropriate;
17.1.3.a.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
17.1.3.a.7 any other actions which We deem reasonably appropriate (and lawful).
We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms.
18. Privacy and Cookies
20. Contacting Us
To contact Us, please email Us using any of the methods provided on Our contact page.
21. Communications from Us
We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. Email marketing options can also be changed in your Account preferences. If you opt out of receiving emails from us at any time, it may take up to 14 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us.
22. Data Protection
All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
23. Law and Jurisdiction
These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.
If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 23.1 above takes away or reduces your rights as a consumer to rely on those provisions.
If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.
The Bloomsbury Building, 10 Bloomsbury Way, London , WC1A 2SL, England
Bloomsbury Health Ltd is a company registered in England and Wales 08298089