29 March 2018
Terms of access of certain publications through the Pharmaceutical Journal website (www.pharmaceutical-journal.com) including via the PJ app and RPS MyCPD app (‘WEBSITE’) by individual subscribers, for their personal only, on a subscription basis (‘TERMS’).
These Terms set out the terms on which The Royal Pharmaceutical Society of Great Britain having a principal business address at 66-68 East Smithfield, London E1W 1AW (‘RPS’) will provide you (‘You’ and ‘Your’) with print editions of or access to, on a subscription basis, certain publications through the Website.
Please read these terms carefully before subscribing.
If you do not agree to these terms you should not subscribe to any publications through the website on these terms.
The removal of your right to cancel is contained in clause 7.2 and the limitations on RPS’s liability are contained in clauses 2.2 and 11 below.
Academic Institution – an educational institution dedicated to education and research which grants academic degrees;
Agreement – the agreement between RPS and You comprising these Terms; Business Day means a day which is not a Saturday, Sunday or public holiday in London, England;
Cancellation Notice has the meaning given to it in Clause 7.1;
Commercial Use includes
i) copying or downloading any of the Licensed Publications or linking to the Licensed Publications for further redistribution, sale or licensing, for a fee; ii) copying, downloading or posting of any of the Licensed Publications on a site or service that incorporates advertising with such content; iii) the inclusion or incorporation of any of the Licensed Publications in other works or services (other than legally permitted quotations with an appropriate citation) that is then available for sale or licensing, for a fee; iv) use of any of the Licensed Publications howsoever (other than legally permitted quotations with an appropriate citation) by organisations for any promotional or advertising purposes, whether direct or indirect, whether for a fee or otherwise; v) distribution by or on behalf of pharmaceutical organisations; vi) distribution by or on behalf of teaching, training, research, or academic organisations and/or institutions; vii) use of the Licensed Publications in the course of or for the purposes of trade; and viii) use of the Licensed Publications for sale, resale, licence, loan, hire, transfer or other form of commercial exploitation; ix) use by an Individual for the benefit of, or in their capacity as an employee for or when otherwise engaged by, a pharmaceutical or commercial organisation; and (x) use by an Individual for the benefit of, or in their capacity as an employee for or when otherwise engaged by, a teaching, training, research, or academic organisations and/or institutions;
Confirmation Email means the email communication from RPS to You confirming Your name and address, Subscription Fee, Subscription Type, the Licensed Publications, subscription number any other information relevant to the Agreement, and to which these Terms and the Cancellation Notice will be attached or referenced;
CPD means Continuing Professional Development as generally understood in the context of pharmacy professional skills and training
Educational Use means for use in education including learning, private study and research;
Effective Date the date on which (1) You accept these Terms, and (2) You pay the Subscription Fee or (if earlier and applicable) RPS provides You with access to digital content of the Licensed Publications on the Website as a Free Trial;
Free Trial has the meaning given to it in clause 3.1
Free Trial Period has the meaning given to it in clause 3.3;
Individual an individual acting in their personal capacity and who accesses the Licensed Publications for non-Commercial Use, which shall include an RPS Member and Student;
Licensed Publications means the publications and content to which You subscribe through the Website in electronic format and/or in print format in accordance with Your Subscription Type;
RPS Member means a pharmacist, pharmaceutical scientist, or Student who is a registered member of RPS;
Student means a current pharmacy student (including part-time and full-time undergraduate and postgraduate students) of an Academic Institution;
Subscription Fee means the fee payable by You to RPS for access to the Licensed Publications during the Subscription Period (and the right to receive printed editions of The Pharmaceutical Journal and/or the Clinical Pharmacist where these form a part of your chosen Subscription Type);
Subscription Period has the meaning given to it in clause 5;
Subscription Type has the meaning given to it in clause 2.1;
The Clinical Pharmacist means the RPS publication of the same name;
The Pharmaceutical Journal means the RPS publication of the same name.
2. SUBSCRIPTION TYPES
2.1 RPS offers different Subscription Types including print and digital bundles as are set out on the subscription page of the Website (‘Subscription Type’). RPS reserves the right to vary the amount of content and types of service that it makes available to subscribers at any time.
2.2 For print editions of The Pharmaceutical Journal or The Clinical Pharmacist (where offered) these will be delivered to Your nominated address, based on the number of issues stated on the subscription page of the Website, for the Subscription Period, unless otherwise agreed in writing. RPS will despatch print editions using standard post office or similar delivery services and cannot be held responsible for postal or customs delays. Any stated delivery dates are estimates only and time of delivery is not of the essence.â€¯Where You have not received a print edition of a Licensed Publication:
2.2.1 You should contact RPS either in writing atâ€¯email@example.comâ€¯or by telephone on 0207 572 2221 before the final day of the second month following the date to which the missing printed edition relates (for example by 30 September for the July edition); and
2.2.2â€¯RPS’s liability to You in the event of any printed editions which you have not received and of which you have notified RPS in accordance with clause 2.2.1 shall be limited to the replacement of the missing editions or a pro-rated refund of the cost of those missing editions and any relating packaging and postage where applicable (the choice of which shall be at RPS’s reasonable discretion).
2.3 Your full access to digital content of the Licensed Publications on the Website will be granted in accordance with this Agreement from the Effective Date.
3. FREE TRIALS
3.1 This clause 3 applies to You if RPS has offered You access to digital content of the Licensed Publications for free for a limited period (a “Free Trial”).
3.2 All Free Trials are offered at RPS’s discretion.
3.3 Your Free Trial period shall last for a period of sixty (60) days following the Effective Date, or as RPS otherwise informs You (“Free Trial Period”); provided RPS’s may, at its sole discretion, extend or shorten the Free Trial Period.
3.4 Your Free Trial only allows You to access such part of the digital content of the Licensed Publications on the Website as RPS may at its sole discretion grants you, and does not include any right to receive any printed editions of The Pharmaceutical Journal and/or the Clinical Pharmacist.
3.5 If You do not pay the applicable Subscription Fee by the end of the Free Trial Period in order to continue accessing the Licensed Publications then this Agreement shall automatically terminate at the end of the Free Trial Period.
3.6 If You have used the functionality on the RPS MyCPD app to enter CPD learning or answer MCQ modules, your CPD record will be deleted on expiry of the Free Trial Period. It is your responsibility to save or back up your CPD entries.
4. GRANT OF LICENCE
4.1 RPS grants to You a non-exclusive, non-transferable, and non-sub-licensable licence during the Subscription Period to access the Licensed Publications via a web-browser or app. You shall not have any rights in or to the Licensed Publications other than the rights specifically granted in this Agreement and all rights not expressly granted to You are reserved by RPS.
4.2 The Licensed Publications may only be used by You in Your capacity as an Individual for non-Commercial Use. You may not share your login in or other access authorisation details to the Licensed Publications with any third party.
4.3 At any given time during the Subscription Period, You shall not allow any other person to access the Licensed Publications (including without limitation any other person within your organisation, trade, business, profession, or Academic Institution).
4.4 Except to the extent necessary to exercise the rights expressly granted by these this Agreement, You shall not:
4.4.1 store transiently or permanently on any medium, transfer, transmit, reproduce, rent, sell, lease, sub-license, loan to any third party, copy, publish or otherwise exploit or make Commercial Use of, modify, adapt, merge, translate, reverse, engineer, decompile, disassemble, create derivative works from or based upon, or combine with other material the whole or any part of the Licensed Publications; or
4.4.2 distribute or disclose the contents of the Licensed Publications to any third party.
4.5 You may display the Licensed Publications on screen and print off single screens: in each case for non-Commercial Use only. At no stage must copies be made of a substantial part of the Licensed Publications.
4.6 Where You are a Student You may electronically save sections of the Licensed Publications for use in course materials, assignments, theses, dissertations, and electronic presentations to other Students, or current employees, contractors or members of teaching staff at the Academic Institution PROVIDED THAT the You acknowledge the source and/or the copyright holder as applicable, and that such use will be for non-Commercial Use and Educational Use only.
The Agreement shall commence on the Effective Date and shall, unless terminated earlier as herein provided, continue until its automatic termination upon the later of (i) the end of the Free Trial Period (where RPS has provided You with a Free Trial), or (ii) the period for which You have paid the Subscription Fee (where You have paid a Subscription Fee) (“Subscription Period”). On termination of the Agreement for any reason, access to the Licensed Publications shall automatically cease.
6. YOUR OBLIGATIONS
6.1 You acknowledge that Your access to the Licensed Publications under the terms of these Terms is contingent upon Your doing so in Your personal capacity as an individual throughout the Subscription Period. Where You cease to access the Licensed Publications as such, (for example, if you access the Licensed Publication for the benefit or on behalf of an organisation or a business), You must immediately notify RPS.
6.2 Where You pay a discounted Subscription Fee as an RPS Member, Your access to the Licensed Publications under the terms of these Terms is contingent upon Your doing so in Your capacity as an RPS Member throughout the Subscription Period. Where You cease to be an RPS Member, You must immediately notify RPS and pay the full Subscription Fee from the date you cease to be an RPS Member.
6.3 You shall keep Your subscription number and access details confidential and not disclose them to any other person.
6.4 You may not store any Licensed Publications on any computer or server, so that it is publicly available to any other person.
6.5 You shall furnish all assistance reasonably necessary for RPS to determine Your compliance or the extent of Your non-compliance with the terms of the Agreement, during the Agreement, and for twelve (12) months following termination thereof including without limitation giving RPS or its representatives all reasonable access to Your records on reasonable notice and during regular business hours at the point or points at which the Licensed Publications are or were accessed. In the event that the points where the Licensed Publications are or were accessed by You are situated at different locations, You shall procure access for such inspection by RPS or its representatives to as many of such locations as RPS requests and, at RPS’s direction, You shall arrange for all relevant records to be at a single location for access and inspection by RPS. RPS may take reasonable copies of such records for the purpose of auditing the Your access to and usage of the Licensed Publications.
6.6 You agree to abide by the terms and conditions of usage of the Website, a copy of which appears atâ€¯http://www.pharmaceutical-journal.com/information/terms-and-conditions/. RPS may from time to time vary these terms and conditions on the Website.
6.7 You acknowledge that it is your sole responsibility to comply with the Revalidation requirements imposed on You by the General Pharmaceutical Council and that use of the Website, including the RPS MyCPD app, will not guarantee revalidation. It is Your responsibility to make back up copies of all CPD records entered on the RPS MyCPD app and to ensure that your CPD records are submitted to the General Pharmaceutical Council by the applicable date. Where you use the Licensed Publications for the purposes of completing CPD entries, RPS provide no warranty or guarantee that your own entries will meet the General Pharmaceutical Council requirements.
7. RIGHT TO CANCEL
7.1 Subject to Clause 7.2.2 below You shall have the right to cancel without reason this Agreement within the first fourteen (14) days following the Effective Date (the ‘Cancellation Period’) whereupon RPS shall refund any Subscription Fee paid to the payment card by which the Subscription Fee was paid unless agreed otherwise. To cancel this Agreement You must inform RPS unambiguously that You wish to withdraw either by email to PJSubscriptions@rpharms.com or by post to the above address: for this purpose or You may use the cancellation notice attached to the Confirmation Email (‘Cancellation Notice’).
7.2 You hereby:
7.2.1 expressly consent to RPS providing You with access to the digital content of the Licensed Publications during the Cancellation period; and
7.2.2 acknowledge and agree that if You access any digital content of the Licensed Publications within the Cancellation Period You shall lose Your right to cancel this Agreement and that You shall have no right, unless provided otherwise in these Terms, to the refund of the Subscription Fee or part thereof.
8. RPS’S RIGHTS AND OBLIGATIONS
8.1 Following acceptance and these Terms and payment by You of the Subscription Fee to RPS, RPS shall send to You the Confirmation Email, following receipt of which You will have the information required to enable You to access the Licensed Publications (digital content) through the Website.
8.2 RPS and its co-publishers and licensors shall periodically update the content of the Website and RPS will make the updated version available to You.
8.3 RPS or its representatives may suspend or deny access by You (which shall include delivery of printed editions of the Licensed Publications where they form part of your Subscription Type) to the Licensed Publications if You are in breach of these Terms or the terms and conditions of usage of the Website (http://www.pharmaceutical-journal.com/information/terms-and-conditions/).
8.4 RPS may make or authorise changes to the Licensed Publications, or remove a Licensed Publication or any part thereof. If RPS ceases to make a title within a Licensed Publication available, RPS or its representatives shall provide notice to You as soon as reasonably possible, whereupon access to the Licensed Publication shall terminate as to such title. You shall be contacted and offered an alternative publication or a refund of the prepaid Subscription Fee attributable to the terminated title.
8.5 RPS or its representatives shall:
8.5.1 ensure that its server or servers have sufficient capacity bandwidth and rate of connectivity to provide You with a quality of service comparable with the current standards in the world wide web online information provision industry;
8.5.2 promptly on receipt of payment of the Subscription Fee, provide to You all information, including a subscriber number or name, necessary to access the Licensed Publications online; and
8.5.3 use all reasonable endeavours to restore access to the Licensed Publications as soon as possible in the event of an interruption or suspension of availability except that RPS shall not be responsible for procuring or maintaining the network connections or telecommunications links from Your systems to the Website, or any problems, conditions, delays, delivery failures or any loss or damage arising from or relating to Your network connections or telecommunications links or caused by the internet.
9. INTELLECTUAL PROPERTY
All intellectual property in the Website and the Licensed Publications, including without limitation copyright, database, patent, trade marks and design rights, are and shall remain the property of RPS and their co-publishers or third-party licensors. Details of the copyright ownership of each individual Licensed Publication can be found in the copyright notices attached to the relevant parts of the Website. You shall not conceal, modify, remove, destroy or alter in any way any proprietary markings or restrictive legends placed on the Licensed Publications.
10. FEES AND PAYMENT
10.1 You shall pay the Subscription Fees in advance. Payments of Subscription Fees to RPS will be processed by RPS or its representatives through their secure server. Payment will be accepted with the cards listed by RPS or its service provider on the Website. When You place Your order, the payment total will be deducted from Your account with that card provider.
10.2 If You allow any other person to access the Licensed Publications at any time during this Agreement, RPS may charge You additional fees reflecting the excess use and access of the Licensed Publications.
10.3 Where You access or continue accessing Licensed Publications when you are no longer an RPS Member RPS may charge You additional fees on a pro rata basis at the standard commercial rate which RPS charges non-RPS Members for accessing such Licensed Publications from the date that you access the Licensed Publications as a non-RPS Member;
10.4 Where You access or continue accessing Licensed Publications when You are no longer an Individual RPS may charge You additional fees on a pro rata basis at the standard commercial rate which RPS charges non-Individuals for accessing such Licensed Publications from the date that You access the Licensed Publications as a non-Individual.
10.5 The Subscription Fee and all other fees under this Agreement are exclusive of applicable state or local sales, ad valorem, personal property taxes or other taxes. You shall pay any such taxes, unless exempt. However, this section does not apply to, and You have no obligation under this Agreement or otherwise to pay or reimburse RPS for, any taxes imposed on RPS’s income or any withholding taxes of a similar nature imposed on payments from You to RPS.
10.6 All amounts hereunder are payable at the price and in the currency stated on the Website or any invoice. Where applicable, invoices are payable within 30 days of the date of the invoice. Any amount not paid when due may be subject to a late payment fee accruing from day to day at equal to the lesser of 1Â½ % over the base rate for the time being of Barclays Bank Plc of the unpaid amount per month, or the maximum rate allowed by law, unless otherwise advised. Failure to pay the entire amount when due may also result in RPS or its representatives denying access to and/or suspending the delivery of the Licensed Publications. RPS may use a third party to issue invoices and accept payment on its behalf. In so far as the terms and conditions of that third party apply and conflict with the terms and conditions set out herein, the terms and conditions of this Agreement shall prevail.
11. LIMITATION OF LIABILITY
11.1 RPS’s liability (whether in compensation for any breach or pursuant to any indemnity and whether in contract, tort, for breach of statutory duty) arising out of, related to, or in any way connected with the Agreement or with respect to the Licensed Publications, services, or any other publications and/or services furnished to You under the Agreement or otherwise, when added to all liability of RPS in respect of all other defaults by it which occurred in the same twelve (12) month period, shall not exceed the total of all payments made by You to RPS or its representatives under the Agreement during that twelve (12) month period.
11.2 In no event will RPS or its representatives be liable (whether in compensation for any breach or pursuant to any indemnity and whether in contract, tort, for breach of statutory duty or arising from or caused by use of, reliance on, or inability to access and use any Licensed Publication) for any:
11.2.1 indirect, incidental, special or consequential damages or loss;
11.2.2 loss of anticipated savings;
11.2.3 loss of revenue;
11.2.4 loss of data;
11.2.5 liability to third parties;
11.2.6 loss of use of any asset; or
11.2.7 loss which procedures and precautions implemented (or which would generally be implemented) by You exercising a degree of skill, diligence, prudence and foresight which would reasonably and ordinarily be expected from a reasonably and appropriately skilled and experienced person in the same or similar circumstances could have prevented or reduced, even if RPS or its representatives has been previously advised of the possibility of such damages or losses.
11.3 Nothing in this Agreement shall limit or exclude any liability of either party which may not be limited or excluded by law, including without limitation liability for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation.
11.4 You agree to indemnify RPS and hold RPS harmless against all claims and damages incurred by it including, without limitation, reasonable attorneys’ fees, as a result of Your combining the Licensed Publications with, or adding the Licensed Publications to, publications or material not supplied by RPS or its representatives or modifying the Licensed Publications without approval after access has been granted.
11.5 Where you use the RPS MyCPD app to enter CPD records, RPS does not guarantee and shall not be responsible for ensuring that the content of Your CPD records complies with the General Pharmaceutical Council’s requirements for Revalidation of pharmacy professionals. Entering CPD on the RPS MyCPD app does not automatically get reported to the General Pharmaceutical Council and it is Your responsibility for ensuring that such submissions and reports are made by the applicable deadlines.
12.1 Either party may terminate the Agreement with immediate effect by giving the other party notice if the other party commits any material or persistent breach of any of the terms of this Agreement and (in the case of a breach capable of being remedied) has failed within 30 days after the receipt of a written request to remedy the same.
12.2 In the event of termination by either party, except as specifically provided otherwise in this Agreement, or for breach by RPS, no fees paid by You will be repayable to You.
12.3 On termination You shall immediately delete any downloaded copies of the Licensed Publications or part thereof made by You and if requested by RPS You shall certify such deletion.
12.4 Termination of the Agreement shall not relieve either party of liability to the other in respect of the rights and remedies of the other party which have accrued prior to termination, and neither shall termination affect any provision of this Agreement which is expressed or intended to survive termination.
13.1 Any notice required or permitted to be given under this Agreement shall not be binding unless in writing and sent to the party to be notified by pre-paid first class post for contracts in which You and RPS are based in the United Kingdom of Great Britain, or international courier for contracts in which one of the parties is based outside of the United Kingdom of Great Britain, or by electronic mail at its address contained in the Confirmation Email or as otherwise notified in accordance with this clause. Any notice given to RPS under this Clause 13.1 must be marked “For the Attention of Pharmaceutical Journal – Sales and Marketing Department” in order to be binding on RPS. RPS shall send written notices to You at the postal or email address which You provide to RPS or its representatives.
13.2 Notice sent by post or international courier shall be deemed given at the commencement of business of the recipient on the fifth Business Day following its posting.
13.3 Notice sent by electronic mail shall be deemed given at the time of its actual transmission provided that the sender does not receive any indication that the electronic mail message has not been successfully transmitted to the intended recipient.
13.4 In any event, and without affecting the validity of a notice provided in accordance with this clause, the recipient of the notice is required to promptly confirm receipt of the notice using the same method by which the notice was provided.
14.1 RPS or its representatives may, from time to time, forward to You information about other publications provided You have already provided express consent to receive such information. If You do not wish to receive such information in future You must give notice to RPS or its representatives accordingly.
14.2 You may not assign the benefit or burden of the Agreement or any part thereof without the written permission of RPS.
14.3 If any part of the Agreement is held to be invalid or unenforceable under any applicable statute or rule of law then it will be deemed to be replaced with something as near to the original intent of the clause as is allowable under the applicable law.
14.4 The Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes the terms of any purchase order or similar instrument relating to the Licensed Publications.
14.5 The failure of either party to give notice of non-performance, breach or termination, or to otherwise enforce any rights hereunder, shall not constitute a waiver of any terms or conditions of the Agreement.
14.6 A party shall not be in breach of the Agreement, nor liable for any failure or delay in performance of any obligations under the Agreement arising from or attributable to acts, events, omissions or accidents beyond its reasonable control (‘Force Majeure Event’). If the Force Majeure Event prevails for a continuous period of more than 10 days, any party may terminate this agreement by giving 14 days’ written notice to all the other parties. On the expiry of this notice period, the Agreement will terminate. Such termination shall be without prejudice to the rights of the parties in respect of any breach of the Agreement occurring prior to such termination
14.7 A person who is not a party to the Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
15. GOVERNING LAW AND JURISDICTION
This Agreement is governed by and in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction in any dispute which may arise in connection with this Agreement.