BSI Digital Products

COPYRIGHT

Users of BSI Digital Products containing British Standards and related publications are reminded that copyright subsists in all standards and BSI publications. In particular, and without limitation, the following restrictions are to be observed in relation to copying:

1. Each user within a licensed subscription may print one hard copy of any standard or BSI book (hereinafter referred to jointly as 'BSI documents') within their subscription for internal use on the licensed site.
2. Where a licensee has a specification, tender or other requirement to reproduce BSI documents as part of his documentation for external submission, the necessary pages of the BSI documents may be reproduced and submitted.
3. Under no circumstances is the licensee permitted to reproduce all or part of any BSI documents contained in the BSI Digital Product for external use or for use on any other site or group of sites, except as defined in 1 or 2 above.
4. Users who wish to send extracts or complete versions of the digital content to another site within their group are invited to apply to the Licensing Department for an extension to these Terms and Conditions.
5. BSI is not aware of any inherent risk of viruses in the PDF files of BSI documents at the time that they are downloaded. BSI has exercised due diligence to ensure, so far as practicable, that such files do not contain such viruses. The PDF files supplied may contain embedded typefaces. In accordance with Adobe's® licensing policy, these files may be printed or viewed but shall not be edited unless the typefaces which are embedded are licensed to and installed on the computer performing the editing. In downloading these files, parties accept therein the responsibility of not infringing Adobe's® licensing policy.
6. The user accepts that the operation and use of these files is at the user's risk. BSI does not accept and is not liable for any loss or damage which may be suffered from their operation or use. Adobe® is a trademark of Adobe Systems Incorporated.

Any enquiries should be addressed to: The Licensing Department, British Standards Institution, Chiswick High Road, London W4 4AL Tel: +44 (0) 20 8996 7555, Fax: +44 (0)20 8996 7997, Email: copyright@bsi-global.com

TERMS & CONDITIONS

Customers are asked to note that the following terms apply to the products they order.

1. Interpretation

1.1 In these Conditions: 'Buyer' means the person who accepts a quotation of the Seller for the sale of the digital product or whose order for the digital product is accepted by the Seller. 'Digital Product' means British standards, international standards or other publications (including any instalment) which the Seller is to supply in accordance with these Conditions. 'British standard' means a standard published under the authority of the Seller. 'Seller' means The British Standards Institution. 'Subscriber' means the person or entity that has purchased a subscription to the digital product. 'Conditions' means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and Seller. 'Contract' means the contract for the purchase and sale of the Digital Product. 'Writing' includes telex, email, cable, facsimile transmission and comparable means of communication. 'Consumer' means any natural person who is acting for purposes that are outside his or her business.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.

2. Basis of the sale

2.1 The Seller shall sell and the Buyer shall purchase the Digital Product in accordance with any written quotation of the Seller which is accepted by the Buyer, or any order of the Buyer which is accepted by the Seller, subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted or any such order is made or purported to be made by the Buyer.
2.2 No variation to these Conditions shall be binding unless agreed in writing between the authorized representatives of the Buyer and the Seller.
2.3 The Buyer will be responsible for the selection of the Digital Product and any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the suitability, fitness for any purpose, application or use of the Digital Product is intended for guidance only and is followed or acted upon entirely at the Buyer's own risk. Accordingly the Seller shall not be liable for any such advice or recommendations.
2.4 The Seller will issue the Buyer a password to access the Digital Product, which the Buyer acknowledges is only for the Buyer's use and may not be shared with anyone other than the Buyer's employees. The Buyer is solely responsible for all use, authorized or unauthorized, of the Digital Product (including use by the Licensee's employees). The Buyer must notify the Seller immediately of any unauthorized use of the Digital Product(s) and/or passwords.

3. Orders

3.1 Orders can be placed online through BSI's Internet site. BSI Subscribing Members may place orders via BSI Customer Services if they wish to make use of their available credit facilities. See clause 5.
3.2 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order submitted by the Buyer.
3.3 The quantity and description of the Digital Product shall be those set out in the Seller's quotation (if accepted by the Buyer), or the Buyer's order (if accepted by the Seller), but in either case the Digital Product shall be inclusive of any amendments issued by the Seller to date of despatch.
3.4 Subject to Clause 3.5, no order that has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller.
  The provisions of Regulation 13(1) of The Consumer Protection (Distance Selling) Regulations 2000 ('the Regulations') shall apply to the purchase to which these Terms and Conditions apply. Accordingly, unless the Seller agrees otherwise, a Buyer who is a consumer (being someone purchasing Digital Products outside the course of a business) will not be able to cancel the contract under Regulation 10 of the Regulations once the Buyer has with the consent of the Seller commenced performing the Contract by starting to download a Digital Product. See also Clauses 10 and 11.
3.5 Unless otherwise specified all Digital Products supplied will be to the current issue at date of downloading.

4. Price of digital products

4.1 The price of the Digital Product shall be the Seller's quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the Seller's published price list current at the date of despatch of the order. All prices quoted are valid for 30 days only or until earlier acceptance by the Buyer, after which time they may be altered by the Seller without giving notice to the Buyer.
4.2 Discounts at the rates set by the Seller from time to time are available for multiple licences of any one Digital Product.
4.3 The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Digital Products to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation any foreign exchange fluctuation, currency regulation alteration of duties, significant increase in the costs of labour, materials or other costs of production), any change in delivery dates or quantities which is requested by the Buyer, or any delay caused by any instruction of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.

5. Terms of payment

Payment by non-BSI Subscribing Members can only be made via credit card. BSI Subscribing Members may purchase the Digital Product using their credit payment facilities. Time of payment of the price shall be of the essence of the Contract. Access to the Digital Product will be set up on clearance of funds.

6. Restriction on use

6.1 The Buyer acknowledges that:
 
6.1.1 in calculating the price for the Digital Product the Seller has assumed that there will be no resale market;
6.1.2 to maintain state of the art in the Digital Product it is essential that users receive the current version of the Digital Product;
6.1.3 to provide adequate protection against copying by third parties it is reasonable to prevent alienation of the Digital Product. Accordingly it is a condition of the Contract that the Buyer will not without the prior consent in writing of the Seller resell, loan or part with possession of the Digital Product or any part of it.
6.2 Copyright subsists in the Digital Product; see the Copyright statement. No part of a Digital Product may be reproduced in any form without the prior permission in writing of the Seller.

7. Warranties and liability

7.1 The Seller accepts liability in respect of death or personal injury caused by the Seller's negligence.
7.2 British standards are prepared under the direction of policy committees upon which bodies with substantial relevant expert knowledge or interest are represented. The Seller acts as secretary to these committees. All British Standards are made available for public comment before publication. British Standards are periodically reviewed with the intention of keeping the content up to date. If the Buyer encounters an inaccuracy or ambiguity in a standard, the Buyer will notify the Seller without delay in order that the matter may be investigated and any necessary amendment made to the standard. Free supply of any such amendment shall constitute the full extent of the Buyer's rights and the Seller's liability for any such inaccuracy or ambiguity. Whilst all reasonable care is taken in the preparation and review of British standards, the Seller does not warrant that the content of the Digital Product is accurate or up to date or that the Digital Product is suitable for the Buyer's purposes. Subject as expressly provided in these Conditions and to the fullest extent permitted by law all warranties conditions or other Terms and duties implied by statute or common law are excluded.
7.3 The Buyer is responsible for ensuring:
 
7.3.1 that it obtains and uses the latest amendments or additions to standards;
7.3.2 where a standard is incorporated into or referred to in a contract between the Buyer and a third party that the standard is correctly applied under that contract.
7.4 The Buyer acknowledges that a standard does not purport to include all necessary provisions of a contract with a third party and that compliance with a standard does not of itself confer immunity from legal obligations.
7.5 The Seller shall have no liability with regard to the content or use of any document not published under the authority of the Seller. The Seller will assign to the Buyer the benefit of any warranty given by the publisher to the Seller.

8. Insolvency of buyer

8.1 This clause applies if:
 
8.1.1 the Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order, or (being an individual or firm) becomes bankrupt, or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction), or an encumbrancer takes possession or a receiver is appointed of any of the property or assets of the Buyer; or
8.1.2 an encumbrancer takes possession, or a receiver is appointed of any of the property or assets of the Buyer; or
8.1.3 the Buyer ceases, or threatens to cease, to carry on business; or
8.1.4 the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
8.2  The Seller reserves the right to make enquiries regarding credit status prior to making credit facilities available or at any other time it considers necessary. The Seller also reserves to the right to limit the amount of credit to be made available.

9. General

9.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
9.2 No waiver by the Seller or any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
9.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
9.4 The Contract shall be governed by the laws of England and the parties submit to exclusive jurisdiction of the courts of England.

10. Cancellation by consumers

10.1 Consumers have an unconditional right to cancel an order within a period of seven working days, beginning on the day after the day of activation of the Digital Product.
10.2 Notice of cancellation shall be made in writing by the Consumer by one of the following methods: post, fax or email.
10.3 In the event of cancellation, the Seller will cancel and deactivate the Consumer's access and subscription to the Digital Product.
10.4 Outside the period specified in Clause 10.1, no order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement of the Seller. BSI is not obliged to accept the cancellation of orders correctly fulfilled, but will normally accept cancellations for Digital Products that have been incorrectly supplied or are in some way deficient.

11. Term & Termination

11.1 Unless sooner terminated in accordance with this section, the initial term of purchase is 12 months.
11.2 Subject to clause 11.7 and so long as the Buyer is not in breach of these Terms and Conditions, the Buyer will be offered the opportunity to renew the subscription to the Digital Product for a further period of 12 months, at or near the end of the initial or any renewal term.
11.3 The Seller may terminate or suspend this agreement with 15 days prior written notice and opportunity to cure and without further liability, upon:
 
11.3.1 the Buyer's failure to pay any amounts as provided herein;
11.3.2 the Buyer's breach of any provision of this agreement or any law, rule or regulation governing the Product;
11.3.3 any insolvency, bankruptcy or assignment for the benefit of creditors, appointment of trustee or receiver or similar event with respect to the Buyer; or
11.3.4. any governmental prohibition or required alteration of the Product.
11.4 The Buyer may terminate this agreement, with 30 days prior written notice and opportunity to cure, upon:
 
11.4.1 the Seller's breach of any provision of this agreement or any law, rule or regulation governing the Product;
11.4.2 any insolvency, bankruptcy or assignment for the benefit of creditors, appointment of trustee or receiver or similar event with respect to the Seller; or
11.4.3 any governmental prohibition or required alteration of the Product.
11.5 The Seller may terminate or suspend the Product without notice if:
 
11.5.1 it is necessary to protect the Seller's legal liability to its third party providers;
11.5.2 the Seller has reasonable evidence of the Buyer's fraudulent or illegal use of the Product; or
11.5.3 it is required by any legal or regulatory authority.
11.6 Notwithstanding any termination or suspension of this agreement in relation to the Product, all terms and conditions will continue to apply to any products or services not so terminated, and in particular but without limitation, the Buyer shall not be relieved from any liability incurred prior to such termination or suspension, or for payment for any products or services not affected by any such termination or suspension.
11.7 The Seller has the right, in its sole discretion, not to renew this agreement at the end of the initial term or at the end of any renewal period, by giving the Buyer at least 42 days written notice of its intent not to renew. The Seller will not be liable to the Buyer for any damages, indemnities, compensation, or any other payment of any kind by reason of such expiration and non-renewal or otherwise its termination for any reason.
11.8 Upon expiration or termination of this agreement for any reason, the Buyer will:
 
11.8.1 discontinue all use of the Product;
11.8.2 destroy any items relating to the Product (including but not limited to data, software, and documentation) and purge any Product data from all electronic media; and
11.8.3 provide written notice to the Seller certifying that the Buyer has complied with this paragraph.

LEGAL STATEMENTS

Security

No credit card details are stored by BSI.

Disclaimer of endorsement

The views and opinions of authors other than BSI of materials contained in BSI Digital Products do not necessarily state or reflect those of the British Standards Institution, and shall not be construed as such.

DATA PROTECTION STATEMENT

When you make an enquiry or place an order for a BSI product, we need to collect information from you in order to fulfil your request. All such information is held on secure servers. BSI Group complies fully with the Data Protection Act 1998, and will treat all your personal information as fully confidential.

We promise never to release your personal details to any outside company for mailing or marketing purposes. Should you have any questions about use of your personal data please contact the BSI Data Controller.

ACCESSIBILITY

At BSI Group, we are committed to serving all of our customers equally. We have therefore undertaken the following actions to ensure equal access to our services from our website:

We have attempted to comply specifically with Priority 1 guidelines of the W3C Web Content Accessibility Guidelines and, where possible, Priority 2 guidelines. The elements covered by the Priority 3 guidelines are not, in most cases used by our sites, however as the sites develops such functions we will aim for compliance at this level.

We are committed to a process of ongoing improvement and are working to ensure all older content is made compliant with the provisions of the DDA and that all new content is developed under the guidelines outlined above.

If you have difficulty accessing the site or have any comments or feedback on how we can improve your online experience, please do not hesitate to contact BSI Customer Services.
 

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© The British Standards Institution 2008