Terms and conditions

These terms and conditions set out the conditions relating to the sale of a place on the Diabetes Diploma, the Certificate, or one of more of the courses of which the Diploma and Certificate consists.

You should save a copy of these terms and conditions for your records. Any agreement to purchase a subscription or access to our online study is with the BMJ Publishing Group Limited ("BMJ Group"). The BMJ Group is a private limited company, incorporated in the United Kingdom under company registration number 3102371. The BMJ Group's registered office is situated at BMA House, Tavistock Square, London, WC1H 9JR. VAT Number 674738491.

To contact us please either phone us on + (0)20 7383 6974 or email: info.diabetes@bmjgroup.com

BMJ Publishing Group Limited, as a publisher, is governed by the self regulated Press Complaints Commission. Their Code of Practice can be viewed by accessing their website.

Definitions

A. “Certificate” refers to 3 modules/courses

B. “Course” or "module" refers to the 6 modules/courses detailed on the website which equate to 20 CATS points

C. “Diploma” refers to 6 modules/courses

D. "Qualification" refers to the "Diploma" or "Certificate" as above

E. “End Date” means the date when the relevant Course ends

F. “Fee” means the applicable fee for the Course as detailed on the Website

G. “Student” or "Learner" means you or any other person who is accepted to study a qualification or course

H. “Term” means from the commencement of the Course to the End Date

I. “Website” means the website promoting and detailing the Course.

1. Types of subscriptions and what is included

1.1 The Course has different options and therefore you should check the type of access and period of subscription/access on the web page or brochure for that publication which sets out its price and period of access. The Course is taught in English and the Course materials are only available in English.

1.2 Each Course is personal to the student, and is a non exclusive, non transferable right of access from the date of contract, fully in accordance with our licence at Clause 6 below until the End Date.

1.3 We will make every effort to deliver the Course materials on time but cannot be held responsible for delays.

1.4 For certain features of the Course students may need to agree to certain terms of use to access such features; you hereby agree that you will give your consent to any reasonable terms that are proposed including all such terms as are necessary to protect the intellectual property that subsists in Course materials.

1.5 We reserve the full editorial control over our Course materials and reserve the right to make changes to our publications and websites, including but not limited to, our editorial approach, the right to remove certain content which may be or become contentious, complained about or unlawful, the look feel and functionality of our website and Course materials.

2. Placing an order and our acceptance

2.1 You may elect to pay either the full fee in advance of the commencement of the Course, or to pay 50% in advance with 50% payable at a later date as indicated on the Website or as to be otherwise agreed in writing.

2.2 Eligibility upon the Course is subject to you satisfying the entry requirements for the Course, as detailed upon the Website.

2.3 Fees received from students in the UK and EU will be deemed to be inclusive of UK VAT at the standard rate.

2.4 Your payment will then be processed by us and us or our agent will confirm if your payment is not validated. A binding contract comes into effect between us once we contact you within to confirm your order with your access details but this is conditional upon these Terms and Conditions applying.

2.5 Places on the Course are limited and are subject to availability.

3. Your Account Details & Course Options

3.1 If your request for a place on the Course is accepted you will be issued with a subscription/access rights via password protected online account. You are responsible for maintaining confidentiality of your online account and password, restricting access to your computer and/or preventing unauthorised access to your account. You agree to take responsibility for all activities that occur under your account or password. If you believe that your account or password is being or is about to be used by anyone else you should inform us immediately via support@bmjgroup.com.

4. Prices and Payments

4.1 The Fee that you pay for your Course will be the standard pricing as indicated on the Website. We are not responsible for any additional charges your bank may apply.

4.2 We usually only accept payment via credit/debit card details and once submitted these are processed by our contractors. If however you wish to fax your payment details to us, or discuss other methods of payment, please contact support@bmjgroup.com.

5. Refunds Policy

If you withdraw from the Course prior to the commencement of the Course then you will be eligible for a full refund less a £75 administration fee. If you withdraw from the Course within the first 14 days of the Course then you will be eligible for a refund of 85% of the total Fees payable; note that if you have elected to pay only half the fee in advance then this sum will be retained in full by the BMJ Group and you will be invoiced for the remaining 35% of the Fee payable. If you withdraw from the Course after 14 days from the commencement of the Course then you will be liable to pay the full Fee without refund.

6. Licence and acceptable and prohibited use of our content and Website

6.1 Downloading to screen, printing, or saving of small proportions of the Course material for personal use is permissible. No commercial use of any part of the Course materials is permitted without the prior, express written permission of the BMJ Group. Systematic downloading is prohibited as is the creation of derivative works or other adaptation from the subscribed materials without the BMJ Group’s prior written consent. For the avoidance of doubt, framing of our websites or any part of them is not permitted, without our express written permission.

6.2 You must not allow any third party to have access to the Course material; the licence is personal to you and cannot be transferred or sub licensed.

6.3 In respect of our Course materials - you must not modify the copies you have displayed or printed in any way and you may not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text without explicit permission. Any permitted use of our material is subject to ensuring that our copyright notices and trade marks appear as they do on all copies online and customary bibliographical citations including author attribution, date, article title (where applicable) and the URL to the relevant BMJ Group website are included. If you print off or download any material subscribed to in breach of these terms of use, your right to use any website(s) or mobile downloads will cease immediately and you must at our option return or destroy any copies of the materials you have made. All rights not expressly granted in these terms or any express written licence, are reserved.

6.4 The content, layout, design, data, databases and graphics on our websites and within our print publications are protected by UK and other international intellectual property laws and are owned by the BMJ Group and/or its licensors. Unless expressly permitted in writing, or as otherwise permitted by virtue of the Website Terms and Conditions http://group.bmj.com/group/about/legal/terms and other than printing a small proportion of content or displaying this on your screen (strictly for your personal non-commercial use), no part of the website may be reproduced, stored in any medium, including but not limited to a retrieval system or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording, broadcasting) nor shown in public.

6.5 The BMJ Group’s trademarks and logos which are displayed on any relevant website are the trademarks of the BMJ Group and its Licensors. Any use including framing, metatags or other text utilising the BMJ Group’s trademarks or other trademarks displayed, is strictly prohibited without our (or our Licensor's) express written consent.

6.6 Any material you upload to our sites will be considered non-confidential and non-proprietary (unless otherwise stated on the site) you grant us a transferrable, royalty free, worldwide, irrevocable licence to use, copy, distribute, edit, amend, disclose and sublicense to third parties any such material for the purposes of marking, accreditation and quality control in any media. We may remove, edit or amend any such material at any time without notice to you. To the extent moral rights attach to any material to the fullest extent permitted by law these are waived in our favour. All material must adhere to the requirements of Clause

6.7. We will also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their rights including without limitation their intellectual property rights, reputational rights or of their right to privacy.

6.8 Any request for permission to use our content or images, or other use of our intellectual property not authorised under a subscription, should be made using the contact us details or permission request pages on the relevant website(s).

6.9 You must not use the Website in any way that causes or is likely to cause the Website or access to it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and contents sent from your computer to us. You must use the website for lawful purposes only. You must not use the website for any of the following: Fraudulent purposes in connection with a criminal offence or otherwise unlawful activity To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, political campaigning, commercial solicitation, chain letters, mass mailings or any spam To cause annoyance, inconvenience or needless anxiety To reproduce, duplicate, copy or resell any part of our site in contravention with these terms of use

6.10 Our websites contain links including hyperlinks which may take you outside BMJ Group websites. Links are provided for your convenience, and an inclusion of any link does not imply endorsement or approval by us of the linked website, its operator or content. We have no control over the contents or functionality of those sites and accept no responsibility for any loss or damages that may arise from your use of them. We are not responsible for any website outside the BMJ Group websites, and such websites use will be subject to relevant terms and conditions and privacy policies.

6.11 You may link to articles or the home page of the BMJ or BMJ Journals websites otherwise you must not deep link to any of our websites or link to our home pages without our agreement in writing. You may not provide a link which suggests a form of association, approval or endorsement on our part, unless we have expressly agreed to this in writing. We reserve the right to withdraw any linking permission upon notice to you or by amending these terms and conditions.

7. Disclaimers and limitations of liability

7.1 Description or reference to a product or publication does not imply endorsement of that product or publication, unless it is owned by the BMJ Group and in which case it is subject to the disclaimers limitations of liability herein and within any licence or other agreement with you the latter of which shall prevail in the event of a conflict. To the fullest extent permitted by law, the material and information displayed on our websites is provided “as is” without any guarantees, conditions or warranties as to accuracy. We try and ensure our websites are available for use 24 hours per day, 7 days per week other than for a small period for scheduled down time, however we do not warrant that at other time our websites will be available. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds should our sites become unavailable or access to a site becomes slow or incomplete due to system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the any of our websites inaccessible to you.

7.2 Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, THE BMJ GROUP EXPRESSLY EXCLUDES: i. ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY; ii. ANY LIABILITY CAUSED BY A FORCE MAJEURE EVENT; iii. ANY OBLIGATION OF EFFECTIVENESS OR ACCURACY; AND iv. OTHER THAN AS SET OUT BELOW, ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY YOU IN CONNECTION WITH THIS AGREEMENT, INCLUDING BY YOUR USE OR INABILITY TO USE ANY INFORMATION ON OUR WEBSITE OR WITHIN ANY PUBLICATION SUBSCRIBED TO, VIA ANY WEBSITES LINKED TO OUR WEBSITE(S) AND ANY MATERIAL POSTED ON IT, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, WASTED TIME AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWSEOEVER AND WHETHER CAUSED BY TORT INCLUDING NEGLIGENCE, BY BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORSEEABLE. NOTHING IN THIS PROVISION AFFECTS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE NOR FOR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER NOR ANY OTHER LIABILITY WHICH CANNOT BE EXLUDED OR LIMITED UNDER THE APPLIACABLE LAW. THESE PROVISIONS DO NOT AFFECT ANY APPLICABLE STATUTORY RIGHTS. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT (OR ANY OTHER AGREEMENT BETWEEN YOU AND US), WE SHOULD HAVE ANY LIABILITY FOR ANY LOSS, HARM OR DAMAGE, YOU AND WE AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THREE TIMES THE FEES YOU HAVE PAID TO US. YOU AND THE BMJ GROUP AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU TO USE OUR PUBLICATIONS.

8. Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our website, policies, and these terms and conditions at any time. You will be subject to the general policies and conditions in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and the closest enforceable substitute (if possible) will be included and the excluded clause will not affect the validity and enforceability of any remaining conditions.

9. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control including reasons of Force Majeure which shall include any default due to an act of God, war, or threatened war, act of terrorism or threatened act of terrorism, strike, lockout, industrial action, health epidemic or pandemic, fire, flood, drought, tempest or other event beyond the control of either party. This condition does not affect your statutory rights.

10. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

11. Privacy

Our full privacy policy is set out on our corporate website at http://group.bmj.com/group/about/legal/privacy/.

12. Third Party Rights Exclusion

No party, who is not party to any contract which may be entered into by us, may enforce the terms of that contract and therefore we hereby exclude the operation of the Contracts (Rights of Third Parties) Act 1999.

13. Governing law and jurisdiction

To the fullest extent permitted by law, these terms and conditions and any issues arising, shall be governed and construed in accordance with the laws of England and Wales, whose courts shall have exclusive jurisdiction, subject to our right to bring proceedings against you for breach of these conditions in your country of residence or other relevant country, where necessary or advisable for enforcement purposes.