Terms and conditions

These terms and conditions (“Terms”) govern your use of the Impact Analytics website (our “Website”).

This Website is operated by:
BMJ Publishing Group Limited, company no. 3102371 with registered office at BMA House, Tavistock Square, London WC1H 9JR, United Kingdom (“BMJ”); and
Open Policy Limited trading as “Overton”, company no. 11529745 with registered office at PO Box 70145, London, N12 2FG.

References in these Terms to “we”, “us” or “our” are, severally, to BMJ and Overton.

Using our Website

By using our Website you agree to be bound by these Terms. You are responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and that they comply with them. If you do not accept these Terms, you should not use this Website. Any reference to “you” or “your” is a reference to you as a user of our Website.

We may make changes to these Terms from time to time. It is your responsibility to check these Terms periodically for any changes. Your continued use of any of our Websites will mean that you agree to any changes. These Terms were most recently updated on 24 October 2022.

Your account

You are responsible for your account and any information supplied by you. You must not assign or transfer your account to any other person.

Passwords

If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

Unauthorised access

If you become aware of any unauthorised access or use of your account, you must notify us immediately and cooperate with us in our investigation.

Suspension of your account

We may suspend and/or deactivate your account at any time where you breach any of these Terms. On deactivation of your account some of these Terms (which are expressly or impliedly intended remain in full force and effect) shall continue to apply. If you are a Recruiter any other terms and conditions you have agreed with us will continue to apply.

Deleting your account

You can ask us to delete your account at any time by contacting us on +44 (0) 20 20 7111 1105 or emailing support@bmj.com. . If you delete your account, your account and any information stored on it will be permanently deleted so you must ensure that you have backup copies of any documents or information you may need to access. We may retain your personal data as described in each of our privacy notices. These can be found by following the links below:

On deletion of your account any other terms and conditions you have agreed with us will continue to apply.

Acceptable use of our Website

You may use our Website for personal and lawful purposes only. You may download and print content from our Website for your own personal, non-commercial use, provided that all copyright notices and trade marks are retained. You must not use our Website or any of its content for any commercial purpose. Commercial purposes include:

copying or downloading content from our Website or linking to our Website for further redistribution, sale or licensing, for a fee;
including any content from our Website in other work that is then made available for sale or licensing, for a fee;
copying, downloading or posting any content from our Website on a site or service that incorporates advertising with such content;
using content from our Website for promotional or advertising purposes, whether direct or indirect, whether for a fee or otherwise; or
using our Website or content from our Website for the purposes of monetary gain by means of sale, resale, licence, loan, hire, transfer or any other form of commercial exploitation.

In addition, you must not:

create derivative works of any content from our Websites (or make any translation), or use our trade marks or logo without our prior written consent;
remove, obscure or change any of our or our licensor’s copyright notices, policies, disclaimers, terms or other means of identification;
systematically download or print any part of our Website;
include, mount or distribute any content from our Website in other works (except to the extent permitted by law);
upload, send, post or submit any personal data to our Website unless you have a valid legal basis to do so;
provide or make available by electronic means to any third party, paper or electronic copies of any content from our Website;
attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of our Website (or any content from our Website) in any form or media or by any means;
attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human perceivable form all or any part of our Website;
access our Website in order to build a product or service which competes with the products and services made available by us;
misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs, spyware, adware or other material which is malicious or technologically harmful or designed to adversely affect the operation of the Websites or of any computer software or hardware relating or connecting to them.

You must not attempt to gain unauthorised access to any Website, the servers on which our Websites are stored or any server, computer or database connected to our Websites. You must not attack our Websites via a denial-of-service attack or a distributed denial-of-service attack.

You are solely responsible for all electronic communications and content you upload, submit, post or send via our Website. You must not use our Website:

to send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene, menacing, racist, threatening, invasive of privacy, in breach of confidence or otherwise infringes the rights of a third party;
to cause annoyance or inconvenience;
to send chain letters, mass mailings or spam, political campaigning or commercial solicitation;
for fraudulent purposes e.g. to impersonate a third party or otherwise mislead as to the origin of your content or to misrepresent the source or ownership of the Website or any of its content.

No text or data mining, or web scraping

You must not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Website or any of its content. This includes using (or permitting, authorising or attempting the use of):

Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

These provisions should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

This section shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Our rights

Any material you upload, submit, post or send via our forums will be considered non-confidential and non-proprietary (unless otherwise stated on our Website) and for such content you grant us a transferable, royalty free, worldwide, irrevocable licence to use, copy, edit, amend, publish, display, reproduce, distribute, store, translate, disclose, sub-licence to third parties and create derivative works for any purpose, in any media and on all distribution platforms including social media platforms, whether now known or in the future developed or discovered and whether as part of our products and services or as part of other content owned, controlled or represented by us. 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 you provide, to the fullest extent permitted by law these are waived in our favour

If you print off or download any material from our Website in breach of these Terms, any rights to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

We also have the right to suspend your account if in our reasonable opinion you have failed to comply with any of these Terms. We may also suspend your account and block you from using our Websites if you have failed to provide us with accurate personal details including a functioning email address, if we suspect you may be using an alias, or if you fail to respond to our emails.

Disclaimer

Informational purposes only

Material on our Website is provided for information purposes. We endeavour to ensure that the information provided on our Website is accurate and up to date, however the material (whether provided by us or a third party) is made available without any guarantees, conditions, warranties or representations as to its accuracy, completeness or reliability. You acknowledge that we do not vet, review or otherwise verify the accuracy, quality or reliability of any search result produced using our Website.

We use automation to retrieve the results of our searches. We accept no responsibility and disclaim all liability for the availability of, and ranking of, any research which may or may not be displayed in any search result. We do not guarantee that your research will be displayed in our search result.

Availability

We do not guarantee that our Website or your account will always be available or that access will be uninterrupted. We may suspend, withdraw or restrict access to all or any part of our Website at any time. Our Website is made available to you on an “as is” basis without any warranties including any as to accuracy, completeness, merchantability, quality of metadata, fitness for purpose or otherwise. Any statements made to the contrary are void.

Third-parties

We do not claim ownership, endorse or take responsibility for any third-party products, information, guidelines, materials or services that may be described, offered, advertised or otherwise displayed on our Website. Our Website may contain links to external websites. Links are provided for your convenience and do not imply endorsement or approval. We have no control over the contents of functionality of those website(s) and accept no responsibility for any loss or damages that may arise from our use of them. We are not responsible for any website outside our Website, and any such website use will be subject to the relevant terms, conditions and privacy policies of that website.

Security

We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. Where our Website has been translated into a language other than English, we do not warrant the accuracy or reliability of those translations. The inclusion of any geographic or locational reference does not imply the expression of any opinion whatsoever on our part concerning the legal status of any country, territory, jurisdiction or area or of its authorities.

Our liability to you

To the fullest extent permitted by law, we expressly exclude:

all conditions, warranties, representations and other terms which might otherwise be implied by law; and
any responsibility or liability for any direct, indirect, special or consequential loss or damage (whether caused by tort including negligence, breach of contract or otherwise, even if foreseeable) incurred by any user in connection with the Websites, the ability or inability to use any Website, any Job Advert or other content, and any employment or offer of employment arising as a result of, or in connection with, the use of any Website.

You agree that your use of our Website is at your own risk and that any damage or loss arising from your use and/or any reliance placed on its contents is your sole responsibility. This does not affect our liability for death or personal injury arising from our negligence nor any other liability which cannot be excluded or limited under applicable law.

We 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 our Website or to your downloading of any material posted on it, or on any Website linked to it.

We will not be liable to you in any circumstances (including negligence), for any loss of profits, loss of sales or business, loss of agreements or contracts, loss of use or corruption of software, data or information, loss of or damage to goodwill, any indirect or consequential loss. Nothing in these Terms limits any liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or anything else which cannot legally be limited.

Permission and re-use

Any request for permission for use of our content, logos or images, or other use of our intellectual property not authorised in these Terms or under a subscription or licence agreement, can be made here.

How we use your personal information

Each of Overton and BMJ, as independent controllers, will only use any personal information you may provide to us in accordance with each of our respective privacy notices. These can be found by following the links below:

Complaints

If you have any questions or wish to make a complaint, please contact us on +44 (0) 20 20 7111 1105 or email support@bmj.com.

General

The content, layout, design, data, databases, trade marks, logos and graphics on our Websites are owned by BMJ (and our licensors) and protected by intellectual property laws. Any rights not expressly granted in these Terms are reserved.

You must notify us immediately if you become aware of, or have grounds for suspecting, any fraud or any action, including giving or receiving any financial or other advantage, that may be construed as a bribe under applicable law (Malpractice), relating to our Websites. Without prejudice to any other remedy we may have, if we have grounds for believing that you have committed fraud or Malpractice relating to your account or any of our Websites, BMJ may, in its absolute discretion suspend your account until we have fully investigated the situation.

These Terms and any dispute or claim arising out of or in connection with them or their subject matter of formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to and/or use of the Website although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.

BMJ Impact Analytics Website Terms and Conditions Oct. 2022