TSO Terms and Conditions for Single User Access to BP Online and British Approved Names
TSO Terms and Conditions for Single User Access to BP Online and British Approved Names
1. The following meanings are given to the definitions used throughout these terms and conditions:
“Account” means the online account on the Site for which the Named User will have a username and password in order to access the Publication.
“Account Confirmation” means the email that We will send to You to confirm that Your order to purchase a Publication has been accepted and Your Subscription has been activated.
“Annual Implementation Date” means 1 January of each year that the annually updated edition of British Pharmacopoeia Online becomes legally effective.
“Bolt-Ons” means the archived edition(s) of British Pharmacopoeia Online that have been superseded by updated edition(s) and/or the edition of British Approved Names that You have chosen to purchase as a bolt-on product to an edition of British Pharmacopoeia Online.
“Cancellation Period” means the period within which You have a legal right to cancel Your Subscription as described in Clause 15.2.
“Consumer” means an individual purchasing a Subscription for purposes which are wholly or mainly unrelated to that individual’s trade, business, craft or profession.
“Crown Copyright Notice” means the Crown Copyright attaching to the year of the Publication that You have purchased. For example, if You have subscribed to British Pharmacopoeia Online 2018, “Crown Copyright Notice” shall mean © Crown Copyright 2017.
“Expiry Date” shall mean the expiry of fifteen (15) months after the Annual Implementation Date of the Publication.
“MHRA” means Medicines and Healthcare products Regulatory Agency, an Executive Agency of the Secretary of State for Health.
“Named User” shall mean the sole person that shall have access to the Publication via the Account.
“Period” shall mean the period from the Publishing Date until the Expiry Date.
“Publication” shall mean the edition of British Pharmacopoeia Online that You have purchased access to and shall also include any Bolt-Ons.
“Publishing Date” shall mean the commencement of four (4) months prior to the Annual Implementation Date of the Publication.
“Site” means www.pharmacopoeia.com
“Subscription” means the contract for access to the Publication that You have purchased and which shall be available to You via Your Account for the Period in accordance with these Terms.
“Us” or “We” or “Our” means The Stationery Office Limited, a company registered in England and Wales under company number 03049649 and with our registered office at 55 Wells Street, London, W1A 3AE. Our VAT number is GB662774703.
“You” and “Your” means the Named User or the organisation or individual that has purchased the Subscription on behalf of the Named User.
2. These Terms do not apply to the supply of British Pharmacopoeia Chemical Reference Substances or British Pharmacopoeia Nucleic Acid Reference Materials which are subject to MHRA’s separate terms and conditions.
3. These Terms will apply to all Subscriptions. Please read these Terms carefully and make sure that You understand them, before committing to any Subscription. Please note that before purchasing a Subscription You will be asked to agree to these Terms. If You refuse to accept these Terms, You will not be able to purchase any Subscription from Our Site.
4. You should print a copy of these Terms or save them to Your computer for future reference.
5. We amend these Terms from time to time as set out in Clause 14. Every time You wish to purchase a Subscription please check these Terms to ensure You understand the terms which will apply at that time. These Terms were most recently updated on 26 July 2017.
6. These Terms are only in the English language.
7. INFORMATION ABOUT US
7.1. We host and manage the Site on behalf of MHRA.
7.2. We publish the Publication on behalf of MHRA except that European Pharmacopoeia texts and monographs are reproduced with the permission of the Council of Europe and are copyright Council of Europe (these monographs are identified in the Publication by a chaplet of stars).The Publication is a “value added” product. If You wish to re-use the Crown Copyright material from the Publication applications must be made in writing clearly stating the material requested for re-use, and the purpose for which it is required. Applications should be sent to: The Editor, British Pharmacopoeia, MHRA, 10th floor,or by emailing: email@example.com
7.3. Contacting Us if You are a Consumer:
7.3.1. To cancel Your Subscription in accordance with Your legal right to do so as set out in Clause 15, You just need to let Us know that You have decided to cancel. The easiest way to do this is to e-mail Us at firstname.lastname@example.org , use Our cancellation form or contact Our Customer Services team by telephone on +44 (0) 333 202 5070. We will e-mail You to confirm We have received Your cancellation. If You are emailing Us please include details of Your order to help Us to identify it. If You send Us Your cancellation notice by e-mail, then Your cancellation is effective from the date You send the e-mail to Us.
7.3.2. If You wish to contact Us for any other reason, including because You have any complaints, You can contact Us by telephoning Our customer service team on +44 (0) 333 202 5070 or by e-mailing Us at email@example.com.
7.3.3. If We have to contact You or give You notice in writing, We will do so by e-mail or by pre-paid post to the address You provide in Your order.
7.4. Contacting Us if You are a business:
You may contact Us by telephoning Our customer service team at +44 (0) 333 202 5070 or by e-mailing Us at firstname.lastname@example.org. If You wish to give Us formal notice of any matter in accordance with these Terms, please see Clause 23.
8. USE OF OUR SITE
Your use of the Site is governed by the Terms and Conditions of Use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to You.
9. HOW WE USE YOUR PERSONAL INFORMATION
10. IF YOU ARE A CONSUMER
If You are a Consumer, You may only purchase a Subscription if You are at least 18 years old.
11. IF YOU ARE A BUSINESS CUSTOMER
11.1.If You are not a Consumer, You confirm that You have authority to bind any business on whose behalf You use Our site to purchase a Subscription.
11.2.These Terms constitute the entire agreement between You and Us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to the subject matter.
11.3.You acknowledge that in agreeing to these Terms You do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
11.4.You and We agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement under these Terms.
12. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
12.1.Our shopping pages will guide You through the steps You need to take to purchase a Publication. Our order process allows You to check and amend any errors before submitting Your order to Us. Please take the time to read and check Your order at each page of the order process.
12.2.After You place an order for a Publication, You will receive an e-mail from Us acknowledging that We have received Your order. However, please note that this does not mean that Your order has been accepted.
12.3.We will confirm Our acceptance to You by sending You an Account Confirmation confirming that Your order has been accepted and as a result Your Account and Subscription have been activated. The contract between us will only be formed when We send You the Account Confirmation.
13. GRANT OF LICENCE
13.1.In consideration of Your payment of the price of the Publication as quoted on Our Site at the time You submit Your order, We shall grant to You, the Named User, a single-user licence for the Publication, for the Period.
Authorised Use of Publication
13.2.Further to Clause 13.1 We shall grant to You, the Named User, the non-exclusive and non-transferable right to access the Publication through Your Account solely in accordance with these Terms.
13.3.You, the Named User, must only use the Publication for Your own internal business purposes unless you are a Consumer in which case You must use the Publication only for domestic and private use;
13.4.You, the Named User, shall not permit any third party to use the Publication nor can You use the Publication on behalf of or for the benefit of any third party in any way whatsoever;
13.5.You, the Named User, may search, view, copy and print out the Publication or parts thereof via Your Account subject to Clause 20.2.4;
13.6.Access to the Publication shall be via Your Account using a user name and password.
13.7.Except as expressly permitted by these Terms, or as required by law, You undertake:
13.7.1. not to rent, sell, lease, sub-license, loan, copy, modify, vary, adapt, merge, translate the Publication or Site;
13.7.2. not to reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Publication or its associated documentation or use, reproduce or deal in this Publication or any part thereof in any way not expressly permitted by these Terms;
13.7.3. not to make alteration to, or modifications, adaptation or translation of, the whole or any part of the Publication or Site nor permit the same or any part of the Publication or Site to be combined with, or become incorporated in, any other program, product or material;
13.7.4. not to use any access software system to search the Publication other than the software provided under these Terms on the Site;
13.7.5. to co-operate fully with the Us in the diagnosis of any error or defect in the Publication or Site;
13.7.6. to keep Your user name and password safe;
13.7.7. to notify Us immediately if You become aware of any unauthorised use of the whole or any part of the Publication or Site by any person;
13.7.8. to include the Crown Copyright Notice on all entire and partial copies of the Publication in any form.
13.8. The copyright in the Publication is owned by the Crown and managed by MHRA on behalf of the Crown except European Pharmacopoeia texts and monographs which are reproduced with the permission of the Council of Europe and are copyright Council of Europe.
13.9. You acknowledge that all intellectual property rights in the Publication throughout the world belong to the Crown, that rights in the Publication are licensed (not sold) to You and that You have no rights in, or to, the Publication or Site other than the right to use them in accordance with these Terms.
13.10. MHRA hereby reserves all intellectual property rights in the Publication and in MHRA’s trademarks, logos, brands and domain names.
13.11. We warrant that the Publication and Your access to it through Your Account will not infringe any third party intellectual property rights.
13.12. You acknowledge and agree that:
13.12.1. the Publication is provided to You on an ‘as is’ basis and that (unless required to do so by law) We have no obligation under these Terms to remedy any interruptions, errors or defects that there may be with the Publication; and
13.12.2. You shall be responsible for ensuring that Your use of the Publication is compliant with all applicable laws and regulatory requirements in the jurisdiction in which You use the Publication.
13.13. We will take reasonable steps to ensure that the Publication and the Site are virus-free.
13.14. We do not warrant that the Publication or the Site will meet Your requirements, be fit for any particular purpose or that the operation of the Publication will be uninterrupted or error-free.
14. OUR RIGHT TO VARY THESE TERMS
14.1.We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
14.2.Every time You purchase a Publication from Us, the Terms in force at the time of Your order will apply to the Subscription.
14.3.We may revise these Terms as they apply to Your Subscription from time to time to reflect changes in relevant laws and regulatory requirements.
14.4.If We have to revise these Terms as they apply to Your Subscription, We will contact You to give You reasonable advance notice of the changes and let You know how to cancel Your Subscription if You are not happy with the changes. If You opt to cancel, before the Period has commenced, We will arrange a full refund of the price You have paid for the Subscription. If You opt to cancel after the Period has commenced, We will arrange a refund of the price You have paid for on a pro-rata basis in accordance with Clause 15.3. If You opt to cancel, You must notify Us within seven (7) days of Us telling You about the changes to the Terms as they apply to Your Subscription.
15. YOUR CONSUMER RIGHT OF RETURN AND REFUND
15.1.If You are a Consumer, You have a legal right to cancel during the period set out below in Clause 15.2. This means that if You change Your mind or decide for any other reason that You do not want to receive or keep the Subscription, You can notify Us of Your decision to cancel during that period and receive a refund in accordance with Clause 15.3. If You are based in the United Kingdom, advice about Your legal right to cancel a contract is available from Your local Citizens' Advice Bureau or Trading Standards office.
15.2.You have a legal right to cancel a Subscription within fourteen (14) calendar days, commencing from the date after We send You the Account Confirmation. For example, if We provide You with an Account Confirmation on 1 January, 15 January will be the last day that You can cancel Your Subscription.
15.3.By agreeing to these Terms, You are confirming that, if You have purchased a Subscription for a Publication for which the Period has either commenced or is due to commence within the Cancellation Period, You want the Publication to be provided to You before the expiry of the Cancellation Period and You acknowledge that You will be charged on a pro-rata basis, in relation to the full price of the Subscription, from the day after the Account Confirmation until the time that You inform Us of Your decision to cancel as set out in this Clause 15. You will also be asked to confirm this before You submit Your order.
15.4.If You cancel Your Subscription within the Cancellation Period and the Period has not commenced, We will refund You the full amount You have paid for the Subscription.
15.5.To cancel Your Subscription in accordance with this Clause 15, You just need to let us know that You have decided to cancel. The easiest way to do this is to e-mail Us at email@example.com , use Our cancellation form or contact Our Customer Services team by telephone on +44 (0) 333 202 5070. We will e-mail You to confirm We have received Your cancellation. If You are emailing Us please include details of Your order to help Us identify it. If You send Us Your cancellation notice by e-mail, then Your cancellation is effective from the date You send the e-mail to Us.
15.6.If You cancel Your Subscription We will:
15.6.1. refund You the price You paid for the Subscription less any reduction calculated in accordance with Clause 15.3 if applicable.
15.6.2. make any refunds due to You as soon as possible and in any event within 14 days after You inform Us of Your decision to cancel.
15.7.If You have cancelled because the Publication is faulty or misdescribed, We will refund the price of the Subscription in full.
15.8.We will refund You using the same method You used to pay for the Subscription or as otherwise agreed between us.
15.9.Because You are a Consumer, We are under a legal duty to supply a Publication that is in conformity with these Terms. As a Consumer, You have legal rights in relation to a Publication that is faulty or not as described. These legal rights are not affected by Your right of return and refund in this Clause 15 or anything else in these Terms. Advice about Your legal rights is available from Your local Citizens' Advice Bureau or Trading Standards office.
16. PRICE OF PUBLICATION
16.1.The price of the Publication will be as quoted on the Site at the time You submit Your order. We take all reasonable care to ensure that the price of the Publication is correct at the time when the relevant information was entered onto the system. However please see Clause 16.4 for what happens if We discover an error in the price of the Publication You ordered.
16.2.Prices for the Publication may change from time to time, but changes will not affect any order You have already placed.
16.3.The price of the Publication shall include VAT, if applicable to the country You have selected on the invoicing page of the Site, at the applicable current rate and as chargeable for the time being.
16.4.If We discover an error in the price of the Publication You have ordered We will contact You to inform You of this error and We will give You the option of continuing to purchase the Publication at the correct price or cancelling Your order. We will not process Your order until We have Your instructions. If We are unable to contact You using the contact details You provided during the order process, We will treat the order as cancelled and notify You in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by You as a mispricing, We do not have to provide the Publication to You at the incorrect (lower) price.
17. HOW TO PAY FOR PUBLICATION
17.1.You can only pay for a Publication using a debit card or credit card.
17.2.Payment for the Publication is made in one lump sum, in advance. We will not charge Your debit card or credit card until We issue Your Account Confirmation.
18. OUR LIABILITY IF YOU ARE A BUSINESS
18.1.We only supply the Publication for internal use by Your business, and You agree not to use the Publication for any resale purposes.
18.2.Nothing in these Terms limits or excludes Our liability for:
18.2.1. Death or personal injury caused by Our negligence;
18.2.2. Fraud or fraudulent misrepresentation;
18.2.3. Breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or
18.2.4. Defective products under the Consumer Protection Act 1987.
18.3.Subject to Clause 18.2:
18.3.1. We will under no circumstances whatsoever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit whether direct or indirect, or any indirect or consequential loss arising under or in connection with the Subscription and;
18.3.2. Our total liability to You in respect of all other losses arising under or in connection with the Subscription, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price paid for the Subscription.
18.4.Except as expressly stated in these Terms, We do not give any representation, warranties or undertakings in relation to the Publication. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
19. OUR LIABILITY IF YOU ARE A CONSUMER
19.1.If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of these Terms or Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by You and Us at the time we entered into the contract.
19.2.We only supply the Publication for domestic and private use. You agree not to use the Publication for any commercial, business or resale purposes, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
19.3.We do not in any way exclude or limit Our liability for:
19.3.1. Death or personal injury caused by Our negligence;
19.3.2. Fraud or fraudulent misrepresentation;
19.3.3. Any breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
19.3.4. any breach of the terms implied by section 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
19.3.5. Defective products under the Consumer Protection Act 1987.
20.1.The Subscription shall automatically terminate if You fail to comply with any of the Terms.
20.2.On termination of the Subscription for any reason:
20.2.1. all rights granted to You under Clause 13, above, shall cease;
20.2.2. You shall cease all activities authorised under Clause 13, above;
20.2.3. if We are in breach of any of Our obligations under these Terms, We shall refund to You a pro-rata fee for the balance of the Period, which shall be Your sole remedy if you are a business;
20.2.4. You shall immediately destroy all copies of the Publication in Your possession.
20.3.Termination under this Clause 20 shall not affect the rights or remedies of the party terminating as accrued prior to termination.
20.4.On termination in accordance with this Clause 20 or upon expiry of the Term, Your Account shall be disabled.
21. DISCONTINUATION FOR INFRINGEMENT
21.1.Should the Publication become the subject of a claim of intellectual property infringement as a result of which the Publication is not able to continue to be used We may, at Our option and expense, either:
21.1.1. procure for Your right to continue using the Publication; or
21.1.2. replace or modify the Publication so that it becomes non-infringing with no loss of functionality.
21.2.If We do not address Your inability to use the Publication in accordance with Clause21.1, We may terminate the Subscription immediately and promptly refund to You on a pro-rata basis any pre-paid fee for the remainder of the Period.
22. EVENTS OUTSIDE OUR CONTROL AND MAINTENANCE
22.1.We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
22.2.An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
22.3.If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
22.3.1. We will contact You as soon as reasonably possible to notify You; and
22.3.2. Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control.
22.4.Either Party may cancel a Subscription affected by an Event Outside Our Control which has continued for more than 60 days. Please also see Clause 15 for Your Consumer cancellation rights.
22.5.We may have to carry out maintenance to the Site and/or Publication from time to time to deal with technical problems or to make improvements which may restrict Your access to Your Account. We will contact You to let You know in advance where this occurs, unless the problem is urgent or an emergency. If Your access to Your Account is suspended for a period of 24 hours or more Your Subscription will be extended for the equivalent amount of time at the expiry of the Period.
23. COMMUNICATIONS BETWEEN US
23.1.When We refer, in these Terms, to “in writing”, this will include e-mail.
23.2.If You are a Consumer, You may contact Us as described in Clause 7.
23.3.If You are a business:
23.3.1. Any notice or other communication given by You to Us, or by Us to You, under or in connection with these Terms shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
23.3.2. A notice or other communication shall be deemed to have been received: if delivered personally, when left at Our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting or if sent by e-mail, one business day after transmission.
23.3.3. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
23.3.4. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
24. OTHER IMPORTANT TERMS
24.1.We may transfer Our rights and obligations under these Terms to another organisation, but this will not affect Your rights or Our obligations under these Terms. We will always notify You in writing or by posting on this webpage if this happens.
24.2.You may only transfer Your rights or Your obligations under these Terms to another person if We agree in writing, in advance.
24.3.You and We acknowledge and agree that We have entered into a separate agreement with MHRA under which We have been granted a licence of certain rights, including the right to licence certain rights in the Publication to You. If Our agreement with MHRA terminates or expires, We shall use Our reasonable endeavours to procure that MHRA assumes Our rights and obligations under these Terms.
24.4.These Terms are not intended to confer a benefit on, or be enforceable by, any person who is not a party to them except as set out in these Terms except for the purpose of enabling MHRA to enforce its intellectual property rights and any other rights it has pursuant to these Terms.
24.5.Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
24.6.Our failure to exercise or delay in exercising any of Our rights under these Terms does not constitute a waiver of such rights or remedies.
24.7.You will not do, or permit to be done, anything that may detrimentally affect Our copyright, trademarks or any other intellectual property rights in the Publication or Site.
24.8.You will not use Our name or logo in any fashion, including but not limited to customer lists, marketing materials or lists or references without Our written permission.
25. GOVERNING LAW AND JURISDICTION
25.1.If You are a Consumer, please note that these Terms are governed by English law. This means that the Subscription and any dispute or claim arising out of or in connection with it will be governed by English law. You and We both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if You are a resident of Northern Ireland You may also bring proceedings in Northern Ireland, and if You are a resident of Scotland, You may also bring proceedings in Scotland.
25.2.If You are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Subscription or its subject matter or formation (including non-contractual disputes or claims).