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.
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.
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).
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).
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.
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).
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