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Peer Review Terms & Conditions - BMJ Best Practice, BMJ Learning

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Peer Review Terms & Conditions - BMJ Best Practice, BMJ Learning

These terms and conditions (Terms) together with your commissioning email comprise the entire agreement (Agreement), between you and BMJ Publishing Group Limited, company no. 03102371, registered office at BMA House, Tavistock Square, London, WC1H 9JR United Kingdom (BMJ), with regard to your Peer-Review and supersedes any prior terms you may have seen or agreed (whether written or verbal).  References to a party shall mean either BMJ or you, and parties shall refer to both of us. 

Click here to download a copy of these Terms.

1. Services (Peer-Review)

You will provide a fair, honest and unbiased assessment of the strengths and weaknesses of the content indicated in your commissioning email (BMJ Content) with a view to BMJ’s publication of that BMJ Content in one or more BMJ product(s). You shall inform us immediately if at any time you have concerns that misconduct may have occurred in connection with either the BMJ Content or the research upon which it is based.  You shall also complete BMJ’s Declaration of Competing Interests Form promptly when requested.

2. Use of your Peer-Review

You grant BMJ a worldwide, irrevocable, royalty-free licence in perpetuity to: (a) make unrestricted use of your Peer-Review for any purpose; (b) to accredit you as the peer-reviewer of the BMJ Content by publishing your name, job title, institution, competing interest(s) declared by you and any other information BMJ considers relevant to your Peer-Review (together, Reviewer Info) on BMJ’s products; and (c) to share your Peer-Review and Reviewer Info with BMJ’s editorial staff and the author(s) of the BMJ Content. The  rights and licences granted to BMJ in this Agreement are given in consideration of BMJ’s payment to you of a peppercorn (receipt of which is acknowledged).

3. Warranty

You warrant that: (a) you are authorised to enter into this Agreement and to grant the rights specified herein; (b) your Peer-Review comprises your own individual original work and does not infringe the intellectual property rights, moral rights or any other right of any third party; (c) if your Peer-Review includes any patient data (whether or not anonymised), written consent has been obtained from those patients (and you will provide a copy to BMJ immediately on request); and (d) all information supplied by you to BMJ is true and correct (to the best of your knowledge and belief).

4. Confidentiality

You undertake to keep the BMJ Content and any other materials or information BMJ supplies to you in the course of providing your Peer-Review whether verbal or written (together Confidential Information), strictly confidential. If you wish to discuss your Peer-Review with a colleague, then you may do so provided that you have made them fully aware of the confidential nature of the discussion.

5. Data protection

The term DP Laws shall mean the UK General Data Protection Regulation, Data Protection Act 2018, General Data Protection Regulation (EU) 2016/679, Privacy and Electronic Communications Regulations 2003 and all other applicable laws (each as amended or replaced from time to time).  The terms process, data subject and personal data shall have the meanings as defined in the DP Laws. We will only use your personal data as set out in our Privacy Policy. You may have access to personal data during the provision of your Peer-Review including (without limitation) author and patient names, locations, affiliations, and data about patients’ medical history and/or medical conditions.  To the extent that the BMJ Content or any other information provided to you by BMJ includes any personal data, you shall be a processor of that personal data and you must: (a) only process that personal data according to BMJ’s written instructions and in accordance with the DP Laws; (b) not modify, amend or alter that personal data other than as strictly necessary for the purposes of the provision of your Peer-Review; (c) only use BMJ’s secure systems made available to you to access that personal data and to submit your Peer-Review; (d) inform BMJ of any laws in your jurisdiction that you are aware of that would negatively affect the security of any personal data; (e) on BMJ’s request, assist BMJ to respond to requests from identifiable individuals; (f) on BMJ’s request, assist BMJ to assess and mitigate risks to the personal data in connection with your Peer-Review.  You must not: (i) save or otherwise reproduce a copy of the personal data onto your own personal IT system(s); (ii) print or otherwise reproduce copies of the personal data (or any materials incorporating it) for your own use; (iii) share the the personal data (or any materials incorporating it) with anyone else without BMJ’s prior written permission; or (iv) further transfer the personal data (or any materials incorporating it) outside the UK or European Economic Area without BMJ’s prior written consent.  You must notify BMJ immediately if you become aware of any security breach involving the disclosure of the personal data (or any materials incorporating it).  If you are located outside of the UK or European Economic Area then any work you do for BMJ will be deemed to be subject to the European Commission’s Standard Contractual Clauses (“SCCs”) (including any updated or modified versions of the same which are released by the Information Commissioner’s Office under the UK General Data Protection Regulation, or if appropriate, European Commission in accordance with Article 46(5) of the General Data Protection Regulation ((EU) 2016/679).  You will comply with all obligations of the ‘data importer’ described in Module Two of the SCCs.

6. Our liability

To the fullest extent permitted by law and other than expressly provided for herein, BMJ shall not be liable to you for any indirect, incidental or consequential losses or expenses arising out of this Agreement.  Nothing in this Agreement seeks to exclude liability for death or personal injury caused by BMJ’s negligence or fraudulent misstatement. If BMJ has any liability under this Agreement, BMJ’s aggregate liability, whether arising from contract, negligence or otherwise, shall in no event exceed the sum of £150 (GBP).

7.  General

Variations to this Agreement are only valid if recorded in writing and signed by both parties. If any provision (or part-provision) of this Agreement is invalid, the remainder of it shall continue in full force and effect. No third party shall be entitled to enforce the terms of this Agreement and both parties exclude any such rights for any third-party enforcement. This Agreement (and any dispute or claim arising out of, or in connection with it or its subject matter or formation, including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws and courts of England and Wales exclusively.

Peer Reviewer Terms and Conditions – BMJ Best Practice  – BMJ Learning -Sept 2022