Please read the following terms and conditions relating to the Joanna Briggs Institute membership. By completing and forwarding the application details to The Joanna Briggs Institute, the member acknowledges that he or she has read, understood and agrees to be bound by these Terms and Conditions.
These Terms and Conditions are subject to any separate written agreement entered into by JBI and the Member for access to JBI resources. The terms of such separate agreement shall prevail to the extent of any inconsistency with these Terms and Conditions.
Definitions
Membership entitles the Member and its Authorised Users to a non-exclusive, non-transferable right to access and use the Licensed Products, subject to the terms and conditions of this agreement.
If the Member is a corporate body, the Member warrants that it has declared an accurate number of Authorised Users in its Membership application. The Member must promptly notify JBI of any material increases in the number of Authorised Users.
The Member shall use reasonable efforts to ensure that the Member User Name and password are provided only to Authorised Users.
Commencement: This agreement shall commence on the acceptance by JBI of the Member's application. Acceptance shall be deemed to have occurred when JBI issues a Member User Name and authorised password.
Term: Subject to earlier termination in accordance with this agreement, this agreement shall continue for 12 months. Members may renew this agreement by paying the renewal fees in accordance with clause 3.
Termination: JBI may terminate or suspend this agreement immediately should the Member be in breach of this agreement. JBI shall not be required to provide prior notification to the Member.
The Member may terminate this agreement by giving notice in writing to JBI. Such notice must include the Member Name, password and signature of the individual Member or authorised delegate in the case of a body corporate, and must be sent by facsimile or post to the address below. Upon termination or expiry, JBI will disable the Member User Name and password.
Current charges are displayed on the JBI's membership options page and are subject to change at any time without prior notice. All monetary references are stated in Australian currency unless otherwise specified. JBI has two categories of charges:
Subscription Charges: Subscriptions are available for periods of 12 months and are payable only in advance. Subscription charges for new Members must be paid by the Member by the due date on the invoice issued by JBI, or within 30 days of being issued a Member User Name and password, whichever is the earlier.
Renewal of Subscription: Prior to the end of a Member's subscription period, JBI will issue the Member with an invoice for the subscription charges to renew the Membership for a further 12 months. If the Member wishes to renew the subscription term, the Member must pay the charges by the due date stated on the invoice. If the Member does not make payment, this agreement shall terminate on the last day of the Member's subscription period.
Chargeable Items: Some products and services on the JBI website may not be included in the Licensed Products and may only be accessed upon payment of an additional fee. JBI reserves the right to withhold the supply of goods and services until such payment is cleared. In the case of cheques, this will be on clearance by the bank, and in the case of credit cards, on authorisation of credit card payments.
No Refunds: Members are not entitled to refunds on any charges, except to the extent permitted by law. Members may make applications to JBI for refunds or credits if the Member wishes to terminate or suspend Membership. JBI reserves absolute discretion in the determination of such applications.
GST: Unless stated otherwise, the charges are exclusive of any goods and services tax. The Member shall be liable for any applicable goods and services tax in addition to the charges.
Payments: Subscription and other charges are payable to Adelaide Research and Innovation Pty Ltd, the commercial development company of the University of Adelaide (ABN 80 098 579 684), Level 7, 115 Grenfell Street, Adelaide SA 5000, Australia. A credit card surcharge may be applied to payments made by credit card. The current surcharge is stated on the payment page of the JBI Website.
The Member and its Authorised Users may:
The Member and its Authorised users must not, without JBI's prior written permission:
The Member must use all reasonable endeavours to ensure that all Authorised Users are appropriately notified of the permitted and prohibited uses set out in this agreement and the importance of respecting the intellectual property rights in the Licensed Products.
The Member acknowledges that all copyright and other intellectual property rights of whatever nature in the Licensed Products (excluding those belonging to the third parties, as specified within the Licensed Products) will remain vested in JBI.
The correct citing of extracts from Licensed Products is detailed on the JBI web site and must be adhered to.
Security: JBI protects credit card details with 128-bit encryption and will take reasonable precautions to protect the security of card details supplied by the Member. However, JBI will not accept any responsibility for any loss a Member may suffer by providing credit card details over the Internet.
Privacy: JBI will collect, use and store personal information in accordance with the privacy policy of the University of Adelaide.
Minimum System Requirements: The JBI website takes advantage of current Internet technology and requires a modern browser. Most features will work on older or non-Windows systems and older or non-Microsoft browsers, however this is not guaranteed. Recommended system requirements are listed on the JBI website. It is the responsibility of the Member to meet the minimum Operating System and Browser requirements.
Quality of Service: JBI will use reasonable efforts to provide access to the Licensed Products with a quality of service consistent with industry standards, at an average of 95% availability per month. However there may be an interruption to the service to facilitate reasonable maintenance by JBI and/or its web site service provider(s). JBI will use reasonable efforts to restore services as soon as possible in the event of an interruption, however JBI will not be liable to Members for any loss or damage in connection with interruptions to the service.
Variation to Licensed Products: JBI has the right to change or discontinue any Licensed Product, or feature of the membership benefits or JBI web site, including content, hours of availability and equipment required for access. Details of changes will be made available on the JBI website however JBI is not obliged to provide prior notice to Members.
JBI believes that all information contained in the Licensed Products is accurate and reliable. However no implied or express warranty or guarantee of accuracy, currency, completeness or reliability as to such information is given to the Member or to any user of the Licensed Products. The information contained in the Licensed Products should not be construed as professional advice and JBI recommends that the information contained in the Licensed Products should only be used by people who have appropriate expertise in the field to which the information relates. Use of the Licensed Products shall be at the Member's own risk.
While care has been taken to ensure that the materials in the Licensed Products summarises available research and expert consensus, any loss, damage, cost, expense or liability suffered or incurred as a result of reliance on these materials (whether arising in contract, negligence or otherwise) is, to the extent permitted by law, excluded.
This agreement will be governed by and construed according to the laws of South Australia.
Nothing in this agreement shall be read or applied so as to exclude, restrict or modify any condition, warranty, guarantee, right or remedy expressed or implied by law and which by law cannot be excluded, restricted or modified.
Force Majeure: A delay or failure to perform any provision of this Agreement as a result of circumstances beyond JBI's control shall not be deemed to be a breach of this Agreement.
Entire Agreement: This agreement constitutes the entire agreement between JBI and the Member and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.
Assignment: The Member shall not assign, transfer or sublicence any of its rights or obligations under this agreement except with the prior written consent of JBI.
Notices: All notices to be given to JBI must be delivered to the following address:
The Joanna Briggs Institute Faculty of Health Sciences The University of Adelaide SA 5005 AUSTRALIA