BMJ in UK BMJ India BMJ Brazil BMJ in North America BMJ China

BMJ Quality terms and conditions

BMJ Quality terms and conditions

quote

For the purpose of these Terms of Use, reference to BMJ, or to we or us shall be references to BMJ Publishing Group Limited.

BMJ Quality is an online platform operated for the time being through the website www.quality.bmj.com/ (the Website or our site).  Use of BMJ Quality is conditional upon your acceptance of each of the following documents:

  1. BMJ Website terms and conditions

This document governs the use of all BMJ websites. By using any BMJ site you are indicating you accept these terms and conditions and that you agree to abide by them regardless of whether or not you choose to register with BMJ.

  1. These BMJ Quality Terms of Use (Terms of Use)

This document is supplemental to the BMJ Site Terms and Conditions. It governs your use of the BMJ Quality Platform specifically; and

  1. BMJ’s Privacy Policy

This document sets out the basis on which BMJ will process any personal data it collects from you, and what cookies it uses and why.

Please read each of these documents carefully before you use the Website as the terms contained therein will apply to your use of BMJ Quality. We recommend that you print a copy of these documents for future reference. It is your responsibility for doing so.

We reserve the right, in our sole discretion, to change the terms that apply to your use of BMJ Quality from time to time.  You agree that we may notify you of any revisions to such terms of use by posting them on the Website, and that your use of BMJ Quality after the effective date of any such revised Terms of Use will constitute your agreement to the revised terms. Therefore, you should review these Terms of Use before using the Service. Any revisions to these Terms of Use will be effective as of the time of posting, or such later date as may be specified, and will apply to your use of BMJ Quality from that point forward.

IF YOU DO NOT AGREE TO THE TERMS SET OUT IN THE DOCUMENTS REFERRED TO ABOVE, YOU MUST NOT USE BMJ QUALITY.

  1. Privacy

    • Where you have purchased a subscription to access BMJ Quality on your own behalf for your own personal use, Use of the data you provide us (including content you upload to BMJ Quality and/or to your BMJ Quality improvement project (your Privacy Policy.

    • Where your subscription to access BMJ Quality has been purchased for you by a third party (e.g. your employer, university or NHS trust), use of the data you provide us (including content you upload to BMJ Quality or to your Project), or which is collected by your use on our site, will be governed by our Privacy Policy the third party purchaser has requested that data we collect from you (including content you upload to BMJ Quality) is shared with other beneficiaries of subscriptions purchased by the same purchasing entity. In this event, use of the data you provide us, or which is collected by use on the Website, will governed by our Privacy Policy save that your profile information and the material you upload to BMJ Quality (including the content of your Project(s)) will be visible to other users of BMJ Quality who benefit from subscriptions which have been purchased by the same third party entity that purchased your subscription.

  • WHERE YOUR SUBSCRIPTION TO ACCESS THE WEBSITE HAS BEEN PURCHASED FOR YOU BY A THIRD PARTY, WE STRONGLY RECOMMEND YOU SEEK CLARIFICATION FROM THAT THIRD PARTY REGARDING THE AGREED SCOPE OF BMJ’S USE OF YOUR DATA AND THE VISIBILITY TO OTHER USERS OF BMJ QUALITY OF THE CONTENT YOU UPLOAD TO THE WEBSITE.

  • By using the Website, you consent to us processing your data in the manner set out in this clause 1 and the Privacy Policy and you warrant that all personal data relating to you and which is provided by you is accurate.
  1. Patient confidentiality

You are not permitted to upload to BMJ Quality, or include in any Project or resulting report, any material from which it may be possible to indentify an individual patient (including the identity of the doctor who may have administered treatment to a patient) or any other data which might otherwise be considered to be subject to patient confidentiality or other obligations of confidence.

  1. Content posted by you to BMJ Quality

    • You are solely responsible for your conduct on the Website (including its accuracy and completeness) and for any data, text, files, information, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, upload, post or display on or via BMJ Quality.

    • You represent, warrant and agree that no Content of any kind uploaded by you to the Website, or shared by you on or through the BMJ Quality platform will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libellous, defamatory or otherwise unlawful material. You agree that you will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage BMJ suffers as a result of your breach of warranty.

    • Any Content you upload to BMJ Quality will, to the fullest extent possible, be considered non-confidential, and we have the right to use, copy, distribute and disclose to third parties any such Content for any purpose.

    • We do not claim ownership of any Content that you post on or through BMJ Quality. Instead, you hereby grant to us a non-exclusive, and royalty-free, transferable, sub-licensable, worldwide licence to use such Content for any purpose.

    • The views expressed by other users on the Website do not represent BMJ’s views.

  1. Your conduct

    • You understand your access to BMJ Quality is for your personal, non-commercial use only.

    • You may not use BMJ Quality to do anything which may impair or overburden the Website.

    • You also agree not to access without authority, interfere with, damage or disrupt any part of our site.

    • Without limiting the generality of the foregoing, you shall not do any of the following: 

      quote

      • delete any author attributions, legal notices or proprietary designations, or labels in any file that is uploaded;

      • advertise, promote or offer to sell any goods or services, without prior written agreement. Please note we may, at our discretion, ask for any declaration of competing interests to be completed should we have any concerns around possible commercial promotions or, should we suspect this, we may remove any such content at our discretion; 

      • include links or deep links to any website you are not authorised to link into absolute;

      • collect email addresses or other content information from users of the Website for any purpose including for the purposes of sending unsolicited emails or communications;

      • disclose on the Website any information of a personal nature of any third party including the name, address, telephone numbers, or email addresses, and/or other personal information without the prior written consent of that person; and

      • use the Website to obtain personal medical advice for yourself, your family, or your friends.

  1. BMJ Quality profile pages

    • BMJ Quality profile pages contain the details which may, subject to the privacy settings you select or which have been selected for you by the entity that acquired your subscription on your behalf, be visible to other users of BMJ Quality.

    • You may not set up a BMJ Quality profile on behalf of another individual or entity.

    • We do not screen or approve any content on BMJ Quality profile pages nor do we guarantee that this is done on other parts of the BMJ Quality Website.

  1. BMJ Quality Improvement Projects, Mentor tool and Reports

    • We are not responsible for the advice given or actions taken, or omitted, by any mentor that may be assigned to you or to a Project.

    • You acknowledge that the “find a mentor” tool within BMJ Quality may allow you to connect to a mentor that will oversee your Project however you further acknowledge that we do not guarantee the availability or suitability of a mentor.

    • You acknowledge that whilst you have the opportunity to submit a report based on your Project for publication in a BMJ-owned journal during the currency of your subscription to BMJ Quality, such publication shall be at our absolute discretion and shall be subject to its editorial control and, where applicable, author assignments and the terms and conditions which are applicable to publication of articles in that journal.

    • Any report you produce from a Project shall be a fair and accurate account of the improvement project and not infringe any third party rights, including copyright, libel or rights of privacy.

    • You acknowledge that access to BMJ Quality and to your Project will cease upon expiry of your subscription to BMJ Quality and you are encouraged to download and save a any Content and/or a copy of your Project from time to time and in any event prior to the expiry of your subscription to BMJ Quality.

  1. Mentor terms

Part of the functionality of BMJ Quality is that it provides a means for you, if you so wish, to apply to become a mentor, to connect with and assist junior doctors who are completing a Project. Provided you are eligible to become a mentor (such eligibility to be determined by BMJ), you may become a mentor in a number of ways including: a) volunteering through the Site, b) accepting a mentor invitation from a fellow user of the Site; accepting an invitation from BMJ to become a mentor.

Your role as a mentor will be limited to work on Users’ Projects but you may act as mentor on more than one Project concurrently.

If BMJ is prepared to accept you as a mentor, it will send you an email seeking your confirmation and asking you to complete the mentor registration process.  Once you have completed the mentor registration process you will see that your profile has been linked to the Project in respect to which you have agreed to be a mentor.

  • By becoming a mentor, you accept the following mentor-specific terms and conditions.
  • You acknowledge that no fees shall be payable to you for the mentoring services you provide.
  • You agree you will not at any time disclose or allow to be disclosed to any person any confidential information relating to the business or affairs of the person whom you are mentoring (the “Mentee”) or BMJ.
  • Subject to these terms and conditions, you shall not be subject to directions from the Mentee nor BMJ as to the manner in which you choose to perform the mentoring services.
  • You will have no rights to any intellectual property in the work of the Mentee irrespective of whether you have assisted with the creation of such work.
  • You are free to terminate your participation in the mentoring programme at any time. Where you wish to terminate the provision of mentoring services before your Mentee has completed his or her Project, we ask you to provide BMJ (and/or the Mentee where possible) with sufficient notice to enable the affected Mentee to find a new mentor. For the avoidance of doubt, BMJ shall be under no obligation to locate or assign a mentor for participation in a Project.
  • Please note that BMJ reserves the right to remove you from the mentoring programme at any time, without justification and without notice to you.
  • You are an independent service provider. You are not an employee or a worker of the Mentee or BMJ.
  • You agree that you are responsible for all of your conduct and interactions with the Mentee online.
  • You agree to conduct yourself in a professional manner at all times.
  • You agree to provide timely and constructive feedback to the Mentee where possible.
  • In the event you become aware of any abusive behaviour on the Site, you agree to report it to the BMJ promptly.
  • BMJ reserves the right to remove any material or posting you make on the Site or terminate your position as a mentor for any reason.
  1. Changes to BMJ Quality

    • We reserve the right at any time to add to, change or delete from BMJ Quality, any service or functionality as may exist from time to time.

    • We reserve the right to refuse access to, or registration for, the Website to anyone without providing a reason.

  1. Conflict

If there is an inconsistency between any of the provisions of these Terms of User and the provisions of BMJ Site Terms and Conditions or the Privacy Policy, the provisions of these Terms of Use shall prevail.

  1. Links

    • You may provide a

      hyper-link

      to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

    • Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only.

    • An inclusion of any link by you or any other user or by BMJ 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 we accept no responsibility for any loss or damages that may arise from your use of them.

    • We are not responsible for any website which is not owned and controlled by BMJ, and in all cases (including other BMJ websites) such websites use will be subject to the relevant terms and conditions and privacy policies. 

  1. Intellectual property rights of the rest of the Website 

    • Unless otherwise stated, BMJ or its licensors (which may include users of the Website) is the owner or the licensee of all intellectual property rights in the Website and in the material published on it (excluding Content uploaded by Users which shall be licensed to BMJ pursuant to clause 4). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

    • You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

    • The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.

    • Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.

    • 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 this Website are included.

    • If you print off or download any material from our Website in breach of these terms of use, your right to use our site(s) 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.

    • Trade marks and logos which are displayed on the Website are the trademarks of BMJ and its licensors.

  1. Moderation

    • We will do our best to assess any possible risks for users from third parties when they use the Website, and we will decide whether it is appropriate to use moderation of Content posted to the Website (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate the content provided to the Website and we expressly exclude our liability for any loss or damage arising from the use of Content posted to our Website by users in contravention of these BMJ Quality Terms and Conditions or the BMJ Site Terms and conditions, whether the service is moderated or not.

    • If you have a concern about a user’s conduct or Content, then you should raise these concerns by emailing support@bmj.com.

    • If moderation is applied, generally Website Content will be subject to post-publication moderation.

  1. Termination 

BMJ may terminate your user rights, delete your profile and any Content that you have posted on the Website, and/or prohibit you from using or accessing the Website or any portion, aspect or feature of the Website for any reason, or no reason, at any time in its sole discretion, with or without notice.

  1. Disclaimers 

    • To the fullest extent permitted by law, we will not be liable for any Content posted by you, by BMJ or by any third party. It is provided on an “as is” basis and we disclaim all and any representations and warranties whether expressed or implied including warranties of accuracy, fitness for a particular purpose, non infringement or availability functionality of the Website.

    • We shall not be liable for any errors in transmissions and we do not warrant that the Website will be available at any time. Should you choose to rely on any professional opinions on the Website you do so at your own risk.Users are responsible for the checking and verification of any advice given on the Website. 

    • You should independently verify any information and content on BMJ Quality or made available to you through the Website before relying on it. That information and content are not intended to address any particular requirements; they do not constitute any form of advice or recommendation by us should not be relied upon. The information contained on the Website is not a substitute for the exercise of professional judgement.

    • We assume no responsibility for the content of the Website or websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

    • We rely on you to adhere to these Terms of Use and the BMJ Site Terms and Conditions, and, other than for miscellaneous reviews of the Website post publication (which may or may not occur), we do not promise that we will monitor the Website for breaches. We therefore do not control and are not responsible for the material users submit to the Website or any breaches of these Terms of Use or BMJ Site Terms and Conditions.

    • Any reference to any services, processes, products, trade marks or suppliers on the BMJ Quality Website whether by users or BMJ does not constitute or imply endorsements, recommendation by us  or any affiliation with such third parties.