bma.org.uk 0300 123 2014

Terms & Conditions

1. About our terms and conditions

1.1 These terms together with our website acceptable use policy, website privacy policy and website cookie policy explain how you may use this website (the Site).

1.2 References in these terms to the Site means: www.bmalaw.co.uk,  and all associated web pages.

1.3 You should read these terms carefully before using the Site.

1.4 By accessing or using this Site or otherwise indicating your consent, you agree to be bound by the Terms.

1.5 If you do not agree with or accept any of the Terms, you should stop using the Site immediately.

1.6 If you have any questions about the Site, please contact info@bmalaw.co.uk

1.7 Definitions

Content means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;

Submissions means any text, images, video, software or other information or material submitted by you to us;

Terms means these terms and all documents incorporated into or referred to in them, including the Website acceptable use policy, the Website cookie policy and the Website privacy policy;

Unwanted Submissions has the meaning given to it in clause 5.1;

Website acceptable use policy means the policy,  which governs your permitted use of the Site;

Website cookie policy means the policy link which governs how we use cookies in the Site;

Website privacy policy means the policy,  which governs how we process any personal data collected from you;

Website terms and conditions of service means the terms and conditions which  will apply to you being provided with Services via the Site or the terms and conditions of our service providers where they contract with you directly for the provision of services

We, us or our means BMA Law Limited company registration number 09195241  whose registered office is at BMA House, Tavistock Square, London, WC1H 9JP. References to us in these terms also includes the BMA, British Medical Journal Limited and our group companies from time to time.

You or your means the person accessing or using the Site or its Content.

Your use of the Site means that you must also comply with our Website acceptable use policy, our Website Privacy policy, our Website cookie policy and our Website terms and conditions of support.

2. Using the Site

2.1 The Site is for your personal use only.

2.2 You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.

2.3 The Site is intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK you are responsible for compliance with local laws where they are applicable.

2.4 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at info@bmalaw.co.uk  and/or use the website accessibility tools available.

2.5 We may prevent or suspend your access to the Site if you do not comply with any part of the Terms or any applicable law.

3. Ownership, use and intellectual property rights

3.1 This Site and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). Individuals may also have so called “moral” rights in the Content. We and our licensors reserve all of our and their rights in any intellectual property in connection with the Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit. You may only use Content for the purposes set out in our Website acceptable use policy  and shall not edit it in any way.

3.2 Nothing in the Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

3.3 Trade marks: the trademarks and logo or BMA Law are the registered trademarks of BMA Law and/or the British Medical Association. Other trade marks and trade names may also be used on this Site. The use of these trade marks for any purpose is strictly prohibited unless you have our prior written permission.

3.4 You warrant, represent and undertake that you are fully entitled and authorised to enter into this agreement with us in accordance with the Terms and, in particular, that any licence it grants to us does not infringe any third party rights. You indemnify us against all losses, costs, expenses, damages or claims resulting from your breach of the Terms or of any document or policy referred to in them or of any warranty given by you.

4. Software

Software may be made available for you to download in order to help the Site work better. You may only use such software if you agree to be bound by the terms and conditions that apply to such software (this is sometimes known as an end user licence agreement). You will be made aware of any terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be allowed to download the software. You should read any terms and conditions carefully to protect your own interests (they may contain provisions that set out what your legal responsibilities are when using software, what the software provider’s legal responsibilities are, and provisions that limit a software provider’s legal responsibilities to you).

All such software is solely for your personal use in a non-commercial manner.

Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches the Terms and any others that apply to it) is expressly prohibited and may result in civil and criminal penalties.

5. Submitting information to Us

5.1 While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable ( Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.

5.2 We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.

5.3 You warrant, undertake and agree that all information that you supply to us will be full, accurate, complete and up to date, provided with the necessary consent of any third party, compliant with data protection laws, not misleading, not defamatory and not likely to misrepresent your identity or the identity of anyone else. You indemnify us, our business partners, group companies (including the BMA) and outsourced service providers for any breach of this warranty. This means that you will be responsible for any loss or damage suffered as a result of your breach of this warranty.

6. Accuracy of information and availability of the Site

6.1 While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be and make no representations or warranties of any kind in relation to Content. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk and it is your responsibility to ensure that Content meets your specific requirements.

6.2 We may suspend or terminate operation of the Site or restrict access to some parts of it or all of it to users (whether or not they have registered with us) at any time as we see fit.

6.3 Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. We shall as a matter of goodwill take all reasonable steps to rectify any errors made and which are brought to our attention. If you are in any doubt as to your legal or financial position, we recommend that you take specific advice.

6.4 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site. We may withdraw or amend the service we provide on our Site without notice or explanation.

6.5 We aim to update our Site regularly, and may change the Content at any time. Some of our Content may be provided by third parties.

7. Hyperlinks and third party sites

The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them nor for their privacy practices or for any loss or damage that may arise from your use of them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

8. Limitation on our liability

8.1 Except for:

8.1.1 death or personal injury caused by our negligent acts or omissions (or those of any of our employees or agents);

8.1.2 fraud or fraudulent misrepresentation;

8.1.3 breach of any of the provisions implied into these terms and conditions under the Sale of Goods Act 1979 (or any other law);

we will only be liable for any loss or damage that is a reasonably foreseeable consequence of a breach by us of these terms and conditions. Losses are foreseeable where they could be contemplated by you and us at the time these terms and conditions are entered into. We are not responsible for indirect losses that happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits, loss of goodwill, loss of business, loss of opportunity, loss of revenues, loss of anticipated savings, loss or corruption of data). We are not responsible for any loss, damage, cost or expense incurred by you or any third party as a result of reliance on the Content.

9. Events beyond our control
We shall have no liability to you for any breach of the Terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; national calamity, war, terrorist attack; interruption of utilities; non performance by suppliers or subcontractors; any order or enactment of legally constituted authority; breakdown of systems or network access; or flood, fire, explosion or accident.

10. Severance
If any court or competent authority finds that any provision of these terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms shall not be affected. If any invalid, unenforceable or illegal provision of these terms would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

11. Rights of third parties
No one other than a party to these terms and conditions has any right to enforce any of these terms and conditions.

12. Variation
No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.

13. Disputes
We will try to resolve any disputes quickly and efficiently. If you are unhappy with the way we deal with any dispute and you want to take court proceedings, the relevant courts of the UK will have exclusive jurisdiction in relation to the Terms. Relevant UK law will apply to these Terms.

BMA Law is a trading name of BMA Law Limited (CRN: 9195241) a company incorporated in England and Wales with a registered office address at BMA House, Tavistock Square, London WC1H 9JP. BMA Law Limited is authorised and regulated by the Solicitors Regulation Authority under number 619810.

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