BSI Digital Products
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
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. |
|
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.
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.
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:
- The standard font used throughout the site is sans-serif for easy legibility.
- Wherever possible, we use live text instead of graphics to reduce the
download time of pages and increase your control.
- No information is exclusively conveyed using colour. This doesn't mean
that colours are not used to organise information, instead it means there
are also other, non-colour dependent ways of doing so.
- Our pages are designed so that there is minimal use of horizontal
scrollbars when they are viewed at a screen resolution of 800 x 600 pixels.
- All images, where appropriate, have an alternative text attribute. This
means that when an image is conveying important information its content is
described with an alternative text. If an image is used for decorative
purposes only, the text attribute for the image will be left blank.
- Where individual features make use of functions that do not comply with
the W3C Web Content Accessibility Guidelines we have made sure that there
are alternative routes provided to the information.
- A link to details of how to contact us for further information offline
is provided
- Where a process takes multiple steps to complete (for example, forms) an
indication of where you are in the process and how far you have to go is
provided.
- Style of navigation remains consistent through the websites.
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.