These terms and conditions (“Terms and Conditions”) tell you the terms on which you may use our BNF mobile application (“App”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS MOBILE APPLICATION. DOWNLOADING THE APP WILL INDICATE YOUR ACCEPTANCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE APP.
PLEASE NOTE THAT IN ORDER TO ACCESS AND USE OUR APP AND SITES YOU MUST BE OVER 18 YEARS OLD AND ARE AN NHS USER (AS DEFINED BELOW) IN THE UK. YOU MUST NOT MAKE ANY COMMERCIAL USE OF THE APP. IF YOU ARE NOT AN NHS USER OR WISH TO USE THE APP FOR COMMERCIAL USE, PLEASE CONTACT PhP.
PLEASE NOTE THE LIMITATIONS ON PhP’S LIABILITY IN CLAUSE 6.
About the App
The App and all of the components including without limitation the contents of British National Formulary (‘BNF’) published by the App whether in source code form and/or object code form together with all associated technical information relating to the software components (together the ‘App Materials’), and intellectual property contained therein is owned and operated by The Royal Pharmaceutical Society of Great Britain, acting through its publishing division Pharmaceutical Press (‘PhP’).
1. ACCESS TO THIS APP
1.1 Access to and use of the App by you (‘You’ and ‘Your’) is subject to Your compliance with these Terms and Conditions. In addition to these Terms and Conditions.
1.2 You are responsible for making all arrangements necessary for you to have access to the App.
1.3 PhP may make changes to these Terms and Conditions at any time and will notify You of such changes within a reasonable time.
1.4 PhP may make or authorise changes to the BNF content contained on the App at any time.
1.5 You warrant that You will not use this App for any illegal purpose or in any manner that could damage, disable, overburden, or impair any PhP server or interfere with any other person’s use and enjoyment of the App.
1.6 You shall provide us with accurate information when signing up to and using the App, including that you are over 18 years old and that you are an NHS User.
1.7 You must treat any information that we provide You with as part of our security procedures, as confidential, and You must not disclose it to any third party. We have the right to disable any account, whether chosen by You or allocated by us, at any time, if in our opinion You have failed to comply with any of the provisions of these Terms and Conditions.
1.8 You acknowledge that the terms of agreement between You and Your respective mobile network provider (“Mobile Provider”) will continue to apply when using the App. As a result, You may be charged by Your Mobile Provider for access to network connection services for the duration of the connection while accessing the App or any such third party charges as may arise. You accept responsibility for any such charges that arise. If You are not the bill payer for the mobile device being used to access the App, You must receive permission from the bill payer before using the App on the mobile device.
2. SYSTEM REQUIREMENTS
2.1 In order to use the App, You are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications as We may specify from time to time.
2.2 The version of our App may be upgraded from time to time to add support for new functions and services.
3.1 The App is available free of charge only for NHS Users in the UK for non-Commercial Use.
3.2 If the App or any App Materials is accessed by a person who is not an NHS User owing to a breach by You of the Terms and Conditions, PhP may charge You a fee reflecting the excess use and access of the same.
4. INTELLECTUAL PROPERTY
4.1 All intellectual property in this App, including without limitation copyright, database, trade marks, patent and design rights, is and shall remain the property of PhP. All intellectual property in the App Materials, including without limitation copyright, database, trade marks, and design rights, is and shall remain the property of PhP, its co-publishers or third party licensors.
4.2 You understand and acknowledge that App Materials contain confidential and proprietary information and you will not conceal, modify, remove, destroy or alter in any way any proprietary markings on or in the App Materials or any related materials and documentation.
4.3 You shall not have any rights in or to the App or any App Materials other than the rights specifically granted in these Terms and Conditions and all rights not expressly granted to You are reserved by PhP.
4.4 You may use and display data from the App on screen for Your own non Commercial Use only.
4.5 You agree that You will: (i) keep the App Materials confidential; (ii) not distribute, license, sell, supply, modify, adapt, amend, incorporate, merge or otherwise alter or deal in or encumber the App Materials; (iii) not translate, adapt, disassemble, reverse engineer, create derivative works, reverse analyse, decompile or otherwise disassemble, or make any modifications, additions or enhancements to, the App Materials (or any part); (iv) not copy the App Materials (or any part) nor store permanently on any medium; (v) not use the App Materials on behalf of or make them available to any third party or allow or permit a third party to do so; and (vi) in the event Your access is terminated for any reason You will return or procure the return to PhP (or destroy or procure the destruction as PhP may require) of any and all documents and other materials and media containing the App Materials together with all copies and delete or uninstall or return or procure the deletion or un-installation or return of all electronic copies of the App Materials.
You are assumed to possess the necessary knowledge to interpret the information that this App and the App Materials provide. Information on the selection and clinical use of medicines is designed for prescribers, pharmacists and other healthcare professionals. Such information should only be interpreted in light of professional knowledge and supplemented as necessary with specialist publications and by reference to product literature.
6. LIMITATION OF LIABILITY
6.1 PhP is not responsible for the content of any other website or pages linking to or from this App. Following links to any other websites or pages shall be at Your own risk and PhP shall not be responsible or liable, directly or indirectly, for any damages whatsoever resulting from the use of such other websites.
6.2 Nothing in these Terms and Conditions shall limit or exclude any liability of PhP which may not be limited or excluded by law and save as expressly set out in these Terms and Conditions and all other warranties, terms and conditions whether implied by or arising under statute or common law, custom, trade usage, or course of dealing between the parties, or otherwise, all of which are hereby excluded to the fullest extent permitted by law.
6.3 The content of the App and the App Materials are provided on an ‘as is’ and ‘as available’ basis and accordingly PhP does not give any warranty express or implied or make any representation:
a) that the content of the App or the App Materials will be suitable for any particular requirement of Yours or for any particular use by You; or
b) that PhP’s online service will operate error free or without interruption or that any errors will be corrected; or
c) that the content of the App or the App Materials are complete, accurate or up to date.
6.4 In no event will PhP 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 information contained in the content of the App or the App Materials or otherwise) for any direct, indirect, incidental, special or consequential damages or loss or for any loss of anticipated savings, loss of revenue, loss of data, loss of goodwill or reputation, liability to third parties, business interruption, loss of management time, loss of use of any asset or any loss which procedures and precautions implemented by (or which would generally be implemented by a person 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 PhP or its representatives has been previously advised of the possibility of such damages or losses.
6.5 You acknowledge that the App is provided to You free of charge and that accordingly it is reasonable for PhP to limit its liability in accordance with this clause 6.
6.6 You agree to indemnify PhP and hold PhP harmless against all claims and damages incurred by it including, without limitation, reasonable attorneys’ fees, as a result of Your combining the App or any App Materials with, or adding the App or any App Materials to, publications or material not supplied by PhP or its representatives or modifying the App or any App Materials without approval after access has been granted.
7. SUSPENSION OF ACCESS TO THIS APP
7.1 PhP monitors access and App usage. If PhP reasonably believes that You are in breach of these Terms and Conditions (or any other contract between You and PhP) Your session may be temporarily blocked. Persistent repetition of a breach may result in Your access being suspended or denied and a notice of misuse being issued. This is without prejudice to any other rights or remedies of PhP.
7.2 You acknowledge and agree that PhP’s rights in the App Materials are fully reserved and that breach of these Terms and Conditions is likely to cause irreparable and unquantifiable damage and You confirm and agree that PhP may at PhP’s discretion apply for and obtain (without prejudice to any rights PhP may have to obtain damages or other remedies) injunctive or other equitable relief without proof of damage.
8. INFORMATION ABOUT YOU AND YOUR USE OF THE APP
9. ACCEPTABLE USE
You may use the App only for lawful purposes. You may not use the App:
9.1 for Commercial Use;
9.2 in any way that breaches any applicable local, national or international law or regulation;
9.3 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
9.4 for the purpose of harming or attempting to harm minors in any way;
9.5 to send, knowingly receive, upload, download, use or re-use any material which does not comply with PhP’s content standards published on the App;
9.6 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
10. VIRUSES, HACKING AND OTHER OFFENCES
10.1 You must not misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, computer or database connected to the App. You must not attack the App via a denial-of-service attack or a distributed denial-of service attack.
10.2 By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. PhP will report any such breach to the relevant law enforcement authorities and PhP will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use the App will cease immediately.
10.3 PhP will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of the App or to Your downloading of any material posted on it, or on any website linked to it.
11.1 This Agreement will automatically terminate upon Your ceasing to be an NHS User in the UK.
11.2 This Agreement may be terminated by either party by giving to the other party:
a) notice forthwith if the other party commits any material or persistent breach of any of the terms of this Agreement; for the avoidance of doubt, Commercial Use of the App or any App Materials by You or by others permitted by You will be deemed a material breach by You; or
b) 30 days’ notice in writing at any time.
11.3 In the event of termination by either party, except as specifically provided otherwise herein, or for material breach by PhP, no fees paid by You will be repayable to You.
11.4 On termination You shall immediately cease using the App and delete the App and all App Materials from your electronic devices, in your possession and or under your control.
11.5 Termination of this 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.
11.6 On termination of this agreement for any reason, access to the App or any App Materials shall automatically cease.
12.1 PhP or its representatives may, from time to time, forward to You information about other publications. If You do not wish to receive such information in future You should give notice to PhP or its representatives accordingly.
12.2 You may not assign the benefit or burden of these Terms and Conditions or any part thereof without the prior written permission of PhP.
12.3 If any part of these Terms and Conditions 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.
12.4 These Terms and Conditions and other policies posted on our App constitute the entire agreement between PhP and You and supersede any prior agreement.
12.5 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 this Agreement.
12.6 A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
13. LAW AND JURISDICTION
These Terms and Conditions are governed by and interpreted in accordance with the laws of England and Wales, and the courts of England and Wales will have exclusive jurisdiction in respect of any dispute which may arise.
The following terms shall have the meaning assigned to them below in these Terms and Conditions
Commercial Use includes i) copying or downloading the App or any App Materials or linking to the same for further redistribution, sale or licensing, for a fee; ii) copying, downloading or posting of the App or any App Materials on a site or service that incorporates advertising with such content; iii) the inclusion or incorporation of the App or any App Materials 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 the App or any App Materials 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; and vi) use of the App or any App Materials for the purposes of monetary reward by means of sale, resale, licence, loan, hire, transfer or other form of commercial exploitation;
NHS Users means:
a) medical practitioners registered in the General Practitioner Register (as defined by the Medical Act 1983 and in accordance with the Postgraduate Medical Education and Training Order of Council 2010);
b) employees, workers and contractors of organisations which provide NHS-commissioned care in England;
c) employees, workers and contractors of organisations which commission care for NHS patients in England;
d) employees, workers and contractors of health and social care organisations which receive government funding to provide executive, regulatory, advisory and delivery services to the NHS in England;
e) employees, workers and contractors of organisations which receive government funding to provide social care services or information to support social care service delivery;
f) registered health care professionals who provide NHS-commissioned care in England;
g) individuals engaged to provide education, training or research for the NHS in England;
h) healthcare students, from the date of commencement of an NHS-commissioned education programme which involves practice and placement within NHS provider services, for the duration of their programme;
i) patients, carers and members of the public (walk-in access only);
j) any third party authorised by any of the persons listed in (b) to (f) to access the BNF when directly engaged in an NHS-related activity by such person provided always that this clause is not intended to allow NHS Users to grant any sub-licence of the App or any App Materials to any third party;
k) any body replacing or providing similar or equivalent services to the above;
l) any statutory successor to any of the above
The following entities are excluded from the definition of NHS Users (except where individuals are eligible under paragraphs a to j above)
a) royal colleges;
b) higher education institutions;
c) private sector organisations which provide non-NHS commissioned care;
d) private sector organisations which provide consultancy services to the NHS;
e) pharmaceutical and medical device companies;
f) health-related research and information charities which do not provide care;
g) commercial information providers;
h) any body replacing or providing similar to equivalent services to the above;
i) any statutory successor to any of the above.