Terms and Conditions

Terms and Conditions – website Product orders

Any Contract to purchase a Product including a subscription or access to our publications is with The Royal Society of Chemistry.

The Royal Society of Chemistry operates the website www.rsc.org and is a charity registered in England and Wales under charity number 207890 and with our registered office at Thomas Graham House, 290-292 Science Park, Milton Road, Cambridge, CB4 0WF and our VAT number is GB 342 1764 71. The Royal Society of Chemistry is referred to in these terms as “RSC”, “we”, “us” and “our”. The RSC, as a charity, is regulated by the Charity Commission and their website is available at www.charity-commission.gov.uk.

If you have any queries or complaints relating to these terms and conditions and/or our Products, please contact RSC Customer Services by telephone on +44 1223 432360 or email via sales@rsc.org. Please note that all calls to Customer Services will be charged at the local rate (BT users only, other network charges may vary).

These terms and conditions (“Terms”) together with our Terms & Conditions (or ‘Terms of Use’) located at www.rsc.org/help/termsconditions.asp tell you information about us and the legal terms and conditions on which we sell any of the products (“Products”) listed on our website (“our site(s)”) to you. Please note that these Terms and our Terms of Use may reference each other and are not mutually exclusive.

In addition, please read our Privacy & Cookies Policy found here www.rsc.org/help/privacy.asp which applies to our collection and use of your personal data/information in relation to our site.

These Terms, including terms which may be applicable to certain Products (“Additional Terms & Conditions”), will apply to any contract between you and us for the sale of Products to you (“Contract”). Please read these Terms carefully before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms and by clicking on the button marked “I agree to the RSC Terms & Conditions, Privacy & Cookies Policy” at the end of the order process, you are confirming your agreement to be bound by these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.

You should print a copy of these Terms or save them to your computer for future reference. We will not file or otherwise keep a copy of the Contract between us and a copy of the concluded Contract will not be available from us at a future time and date.

If there is any conflict between these Terms, the Terms & Conditions and any Additional Terms & Conditions, the conflict shall be resolved according to the following order of priority:

  1. The Additional Terms & Conditions;
  2. These Terms;
  3. Terms & Conditions (or ‘Terms of Use’).

We amend these Terms from time to time as set out in clause 16.1. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

Interpretation

In these Terms:

“Digital Content”, “Goods” and “Services” shall each have their respective meanings given in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; and

“working day” means a day on which banks are open for business in the City of London.

1. Your Personal Data/Information & Your RSC ID
1.1

When placing an order on our site, you may be requested to create an online RSC ID with us; however you may also proceed to purchase some of our Products without creating an online RSC ID. If you already have an online RSC ID, you can log in using the user name and password that you created.

1.2

By placing an order through our site to purchase one or more Product, you confirm that you are at least 18 years old. If you are under 18 years of age, please ask your parent or guardian to purchase the relevant Product on your behalf and confirm that they agree to these Terms and our applicable Privacy & Cookies Policy.

1.3

You confirm that the personal data/information you are required to provide when you create your RSC ID and/or place an order on our site, is true, accurate, current and complete in all respects and you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

1.4

If you set up your RSC ID, you are responsible for all sessions and transactions taken via your RSC ID and you should keep your password safe and not disclose it to anyone. You should change it immediately if you feel it has been compromised or posted in a publicly accessible place, for example, on a web page.

1.5

If your request for a subscription or access rights is accepted, you will be responsible for maintaining confidentiality of your online RSC ID and password, restricting access to your computer and/or preventing unauthorised access to your RSC ID. You agree to take responsibility for all activities that occur under your RSC ID or password. If you believe that your RSC ID or password is being or is about to be used by anyone else you should inform us immediately via sales@rsc.org.

1.6

We confirm that we will protect your personal data/information in accordance with our Privacy & Cookies Policy and we will fully comply with all applicable UK Data Protection laws in place from time to time. Except as further explained under clause 1.8 (or if required by law), we will not divulge any personal data/information that you provide to us. We use your personal data/information for the following purposes:

  1. (i)Processing your orders, including the amount payable;
  2. (ii)To notify you of Products or special offers that may be of interest to you (if you consent to receive the same);
  3. (iii)To administer our sites and services to you;
  4. (iv)To serve site content and advertisements to you;
  5. (v)For statistical or survey purposes to improve our site and our services to you;
1.7

When you create an online RSC ID you will be given the option to receive information from the RSC by e-mail, about our related activities, Products, promotions or special offers which we feel may be of interest to you. If you do not wish to be contacted for such purposes, ensure that you select the appropriate option as applicable. You may unsubscribe from our contact list at any time by clicking on the ‘unsubscribe’ link in the RSC email you have received from us.

1.8

Your personal data/information may be disclosed to reputable third parties, including Worldpay (UK) Limited, Worldpay Limited, Worldpay AP Limited and any of their group companies, who will help to process your order. RSC requires all such third parties to treat your personal data/information as fully confidential and to fully comply with all applicable UK Data Protection in place from time to time. We will not release your personal data/information to any company outside of the RSC group companies for mailing or marketing purposes.

2. Our Products
2.1

Some of our Products are sold subject to Additional Terms & Conditions set out later in these Terms related to that Product including without limitation, terms and conditions concerning estimated delivery dates and times, terms of use and warranties.

2.2

RSC Products available to you to purchase are set out on the relevant pages of our sites. Our Products include but are not limited to subscriptions to RSC journals and eBooks and access to pay-per-view articles of RSC journals (as available), The Merck Index* Online monographs (as available) and eBooks (as available). Each publication or service we offer has different subscription options and so you should check the type of access and period of subscription and/or access in the Additional Terms & Conditions or on the web page or brochure for that publication or service which sets out its price and period of access.

2.3

We reserve the full editorial control over our publications and services and reserve the right to make changes, including but not limited to, our editorial approach, the right to remove certain content which may be or become contentious, complained about, unlawful, or which has not been compiled in accordance with our requirements, and includes the look, feel and functionality of our publications and services.

2.4

We reserve the right at any time to withdraw any of our Products if we no longer retain the right to publish or cease, for whatever reason, to publish or to distribute such Product(s) or if, in our sole discretion, we believe that such Product(s) contains any material which infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable.

2.5

Although we will take all reasonable care to ensure that all details and descriptions of the Products appearing on our sites are correct at the time when the relevant information was entered into the system, the information including Product descriptions appearing at a particular time may not always reflect the position exactly at the moment you place an order.

2.6

The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

2.7

The packaging of the Products may vary from that shown on images on our site.

* The name THE MERCK INDEX is owned by Merck Sharp & Dohme Corp., a subsidiary of Merck & Co., Inc., Whitehouse Station, N.J., U.S.A., and is licensed to The Royal Society of Chemistry for use in the U.S.A. and Canada.

3. Placing an order on our sites
3.1

When placing an order, the process will only be available in the English language.

3.2

Our order process allows you to check and change your order and/or amend any errors before submitting your order to us at any time up to the point of clicking the “Make Payment” button. Please take the time to read and check your order at each page of the order process.

3.3

When you do submit your request for an order you are making an offer to purchase a Product and the RSC reserves the right to accept or decline your order, or any part of your order.

3.4

We must receive payment of the full price for the Products that you order before your order can be accepted and the Contract formed. Payment is taken in accordance with clause 7.4 immediately on placing your order. After you place an order and your payment has been processed in accordance with clause 7.4, you will receive an e-mail from us acknowledging that we have received your order (“Order Acknowledgement Email”). Our Order Acknowledgement Email will be deemed as confirmation of our acceptance of your order and such acceptance brings into existence a legally binding contract between us on these Terms. You may also receive an email from our third party payment processor, following acceptance of your payment in accordance with clause 7.4 below.

3.5

If you have ordered any of our electronic Products, such as RSC pay-per-view journal articles (as available), pay per view The Merck Index* Online monographs (as available), pay-per-view eBook chapters (as available), online journal subscriptions (as available), online eBook subscriptions (as available), online magazine subscriptions (as available) and/or Online CPD (as available), your access details will be provided to you within the Order Acknowledgement Email and you hereby consent to the pay-per-view articles or course content (as applicable) being immediately accessible by you and as such you will not have the right to cancel your order (as further explained in clause 8.2 below).

3.6

All Products shown on our sites are subject to availability. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error on our site(s), we will contact you as soon as possible and give you the opportunity to wait until the Product is back in stock or to cancel your order. If you choose to cancel your order, any sum already debited from your credit or debit card or by way of bank transfer will be re-credited to your bank account by the RSC as soon as possible and in any event within 30 days of the date of your order and the RSC will notify you by email using the contact details given by you in your online order.

3.7

When you request a journal and/or eBook subscription (which includes renewals) whether in print, online or via mobile downloads (as applicable to the publication or service), this subscription will be for the period specified in the Additional Terms & Conditions that apply to that subscription or on the subscription web page or in the brochure, unless otherwise stated herein. Should you renew any subscription, unless otherwise advised, this renewal and future renewals will be subject to these Terms and Additional Terms & Conditions.

* The name THE MERCK INDEX is owned by Merck Sharp & Dohme Corp., a subsidiary of Merck & Co., Inc., Whitehouse Station, N.J., U.S.A., and is licensed to The Royal Society of Chemistry for use in the U.S.A. and Canada.

4. Availability & Delivery
4.1

Your order will be delivered to the address you provide details of during your order by the estimated delivery date set out in the Order Acknowledgement Email or, if no delivery date is specified, within 30 days of the date of the Order Acknowledgement Email, unless there are exceptional circumstances. If we are unable to meet the estimated delivery date because of exceptional circumstances, we will contact you with a revised estimated delivery date.

4.2

Delivery will be completed when we, our distributors or a third party courier deliver the Products to the address you gave to us at the time of your order, unless the delivery mode is electronic, in which case delivery will be made by way of the Order Acknowledgement Email which will be sent to the e-mail address as provided by you on placing your order with us. Your requisite access details will be included within your Order Acknowledgement Email and you will be able to access such electronic Products immediately.

4.3

If we are unable to supply a Product to you within 30 days of the date of your order due to incorrect delivery details provided by you, then we will notify you of this in writing and cancel your order. Any payment you made for the price of the Products and delivery charges where applicable will be refunded as soon as possible and in any case, within 30 days of the date of the cancellation under this clause 4.3.

4.4

The Products will be at your risk from the time of delivery to you.

4.5

You own the Products once we have received payment in full of all sums due in respect of the Products, including applicable delivery charges (unless you cancel the Contract in accordance with clause 8 below).

5. International Delivery
5.1

We will endeavour to deliver to countries worldwide as permitted by law.

5.2

If you order Products from our sites for delivery to a country outside of the UK, your order may be subject to import duties and taxes which are applied when the delivery reaches the specified destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

5.3

When you order Products from us, you are considered as the importer of record and you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such laws.

6. Price of Products & Delivery Charges
6.1

The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered into the system. However if we discover an error in the price of Product(s) you ordered, please see clause 6.5 for what happens in this event.

6.2

Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Acknowledgement Email.

6.3

After selecting which Products you are purchasing, the price of a Product shown to you excludes VAT (unless indicated otherwise). Any price quoted will also be exclusive of delivery charges, unless otherwise expressly stated. The total price(s) will include VAT (if applicable) and delivery charges (if applicable) and will be shown to you prior to completing your online order and any Contract being concluded.

6.4

The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our ‘Delivery Charges’ page located at [FAQs ].

6.5

Whilst we try to ensure that all prices we display and quote are accurate, some of the Products on our site may be incorrectly priced. If we discover any error in the prices of the Products you have ordered and this is less than the price stated on our site, we will charge you the lower amount. However if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price. If we discover any error in the prices of the Products you have ordered and this is greater than the price stated on our site, we will inform you as soon as possible and give you the option of recommencing your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If we cancel your order or you cancel your order in accordance with this clause 6.5 and we have already processed your payment, you will receive a full refund.

7. How to pay
7.1

When making a payment, the process will only be available in the English language.

7.2

All price(s) for Product(s) will be displayed on our site in pounds sterling, exclusive of VAT unless otherwise stated (which is shown to you at a later stage, before completing your order) and applicable delivery charges which will be added to the total amount due on the final confirmation of order screen.

7.3

The total price(s) including VAT (where applicable) at the then prevailing rate and delivery charges (if applicable) will be shown to you prior to completing your online order.

7.4

You can only pay for Products using a credit card (if you are aged 18 years or older) or a debit card or by bank transfer according to the options available to you during the order process. You hereby confirm that you are the person authorised to use such credit card, debit card or to make such bank transfer. You will submit your payment details to a third party payment processor over a secure link and an authorised amount verification will be taken immediately from your credit card or debit card or if, via bank transfer at the end of the same working day on which the order is placed.

7.5

You will be charged in the currency as indicated via our site which, if not the country of your bank account, will be converted by the third party payment processor into the currency of your bank account, when processed. We are not responsible for any additional charges your bank may apply.

8. Consumer rights of return and our refund policy

Notwithstanding clauses 8.1 – 8.3 below, you will not have any right to cancel a Contract for the supply of any of the following Products unless they are faulty or not as described:

(a) any Goods that are made to your specifications or are clearly personalised;

(b) newspapers, periodicals (e.g. print and online journals) or magazines (with the exception of subscription contracts for the supply of such publications);

(c) catering or services related to leisure activities, if the Contract provides for a specific date or period of performance; or

(d) sealed audio or sealed video recordings or sealed computer software, if the Goods become unsealed after delivery.

8.1 Right to cancel contracts for Goods

You have the right to cancel the Contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Goods (or, where the Contract relates to multiple Goods ordered by you in one order and delivered separately, the last of the Goods ordered).

To exercise the right to cancel, you must inform us, the Royal Society of Chemistry of Thomas Graham House, 290-292 Science Park, Milton Road, Cambridge, CB4 0WF (telephone number +44(0)1223 432360 and email sales@rsc.org) of your decision to cancel the Contract by a clear statement (e.g. a letter sent by post, fax or email). You may use the attached model cancellation form, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel the Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you.

We will make the reimbursement without undue delay, and not later than—

  1. (a)14 days after the day we receive back from you any Goods supplied, or
  2. (b)(if earlier) 14 days after the day you provide evidence that you have returned the Goods, or
  3. (c)if there were no Goods supplied, 14 days after the day on which we are informed about your decision to cancel the Contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earliest.

You shall send back the Goods or hand them over to us, the Royal Society of Chemistry of Thomas Graham House, 290-292 Science Park, Milton Road, Cambridge, CB4 0WF, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send the Goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the Goods.

You are only liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.

8.2 Right to cancel contracts for Digital Content
8.2.1

When you place your order, we will supply you with the Digital Content you have ordered. Your rights to cancel the Contract will cease when you begin to receive the Digital Content you have ordered. You will be asked to confirm that you:

(a) expressly agree to us supplying you with the Digital Content you have ordered before the end of the 14 day cancellation period (referred to above); and

(b) acknowledge that your right to cancel the Contract will be lost when we begin to supply you with the Digital Content you have ordered.

8.2.2

Subject to clause 8.2.1, you have the right to cancel the Contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day of the conclusion of the Contract.

To exercise the right to cancel, you must inform us, the Royal Society of Chemistry of Thomas Graham House, 290-292 Science Park, Milton Road, Cambridge, CB4 0WF (telephone number +44(0)1223 432360 and email sales@rsc.org) of your decision to cancel the Contract by a clear statement (e.g. a letter sent by post, fax or email). You may use the attached model cancellation form, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel the Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel the Contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

8.3 Right to cancel contracts for Services

You have the right to cancel the Contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day of the conclusion of the Contract.

To exercise the right to cancel, you must inform us, the Royal Society of Chemistry of Thomas Graham House, 290-292 Science Park, Milton Road, Cambridge, CB4 0WF (telephone number +44(0)1223 432360 and email sales@rsc.org) of your decision to cancel the Contract by a clear statement (e.g. a letter sent by post, fax or email). You may use the attached model cancellation form, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel the Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel the Contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

8.4 Products returned because they are faulty or not as described

As a consumer you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. You can obtain advice about your legal rights from your local Citizens’ Advice Bureau or Trading Standards office.

Where you return a Product to us (at our address set out above) because it is faulty, we will examine the returned Product and will offer you the choice of a replacement (if available) or a refund. If you request a refund we will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within thirty (30) days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you due to a fault will be refunded in full, including a refund of the delivery charges for sending the Product to you and reasonable costs you incur in returning the Product to us.

* The name THE MERCK INDEX is owned by Merck Sharp & Dohme Corp., a subsidiary of Merck & Co., Inc., Whitehouse Station, N.J., U.S.A., and is licensed to The Royal Society of Chemistry for use in the U.S.A. and Canada.

9. Warranty & limitation of liability
9.1

We make no statement about the suitability of the content, information and services contained on, or access via, our site(s). To the fullest extent permitted by law all other express or implied terms, conditions, warranties or representations with regard to the Products, our site or any information or services provided by us through our site are excluded.

9.2

Information about the functionality and compatibility of the Digital Content we sell through our site(s) is published on our site(s). RSC does not make any warranty or representations that access to the Products will be uninterrupted or error or virus free or as to the results that may be obtained from use of the Products or that defects will be corrected (other than those required by law), all of which we disclaim to the fullest extent permitted by law. Please ensure that you regularly check for and protect against viruses when using our site(s) on any device.

9.3

To the fullest extent permitted by law, RSC shall not be liable for any indirect, incidental, consequential, exemplary, special or other damages arising out of or in connection with these Terms and Additional Terms & Conditions including, your use or inability to use any information on our site or within any publication subscribed to, via any websites linked to our site(s) and any material posted on it, without limitation, for loss of profit, loss of revenue, loss of contracts, business interruption or for loss of data, whether in contract, tort or otherwise.

9.4

Unless as otherwise stated in these Terms and/or Additional Terms & Conditions, we only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9.5

Subject to clause 9.6, our total liability to you in respect of all losses you suffer as a result of buying the Product(s) will in no circumstances exceed the total purchase price of the Product(s) you purchased.

9.6

We do not in any way exclude or limit our liability for:

  1. 9.6.1death or personal injury caused by our negligence;
  2. 9.6.2for fraud or fraudulent misrepresentation;
  3. 9.6.3breach of the terms implied by sections 12, 13 or 15 of the Sale of Goods Act 1979 or any breach of the terms implied by the Supply of Goods and Services Act 1982;
  4. 9.6.4under section 2(3) of the Consumer Protection Act 1987; or
  5. 9.6.5for any other matter for which it would be illegal for us to exclude or limit, or attempt to exclude or limit, our liability.
9.7

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract, including but not limited to delivering the Products to you, that is caused by events or circumstances beyond our reasonable control.

10. Communications between us

By law, we are required to send you some information and communications in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

11. Notices

All notices given by you to us must be given to Royal Society of Chemistry at: Thomas Graham House, Science Park, Milton Road, Cambridge, CB4 0WF, email –sales@rsc.org, telephone – +44 (0)1223 432360 (for all non-legal notices) or legalservices@rsc.org (for legal notices only). We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three (3) days after the date of posting of any letter.

12. Transfer of rights and obligations
12.1

The Contract between you and us is binding on you and us and on our respective successors and assigns.

12.2

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

12.3

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. Any such transfer will not affect your rights or our obligations under these Terms.

13. Waiver of rights

If we, at any time during the term of the Contract, fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

14. Severability

Each of the provisions of these Terms operates separately. If any Court or relevant authority decides that any of them are unlawful, invalid or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by law.

15. Entire agreement
15.1

These Terms and any document and/or policy expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

15.2

We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms.

15.3

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.

16. Our right to vary these Terms
16.1

We reserve the right to amend these Terms at any time and any revised version will be effective immediately on display on our sites. You will be subject to the policies and terms and conditions in force at the time that you order Products from us.

16.2

Whenever we revise these Terms in accordance with this clause 16.2, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

17. Language

These Terms and any Contract between us are drafted in the English language. If these Terms and/or any Contract between us are translated into any other language, the English language text shall prevail.

18. Law and jurisdiction

Contracts for the purchase of Products through our site(s) will be governed by English law. Any dispute arising from, or related to, such Contracts (including, without limitation, any non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Pay-per-view eBook Chapters & Journal Articles (Academic Individuals) Additional Terms and Conditions

These Pay-Per-View eBook chapters and journal articles (Academic Individuals) Additional Terms and Conditions apply to the sale of Pay-per-view Chapter(s) and Pay-per-view Article(s) from The Royal Society of Chemistry eBooks and The Royal Society of Chemistry electronic journals respectively to Academic Individual(s).

Please read these Additional Terms and Conditions carefully before purchasing a Pay-per-view Chapter and/or Pay-per-view Article and print off and/or save a copy for your records. The RSC will not file or otherwise keep a copy of the contract completed between you and the RSC and a copy of the concluded contract will not be available from the RSC at a future time and date.

By ordering any of RSC’s Pay-per-view Chapters and Pay-per-view Articles as an Academic Individual, you are confirming your agreement to be bound by these Additional Terms and Conditions under which the RSC grants you the non-exclusive and non-transferable right and licence to use the RSC Information that you purchase from the RSC. For the avoidance of doubt, in the event of any inconsistency between these Additional Terms and Conditions and the Terms & Conditions (or Terms of Use) on the RSC’s Site and/or the general Terms, these Additional Terms and Conditions shall prevail.

Definitions

“Academic Individual(s)” means an individual engaged in teaching and/or research in the field of chemical sciences at a university or institute of higher education who is authorised by these Additional Terms and Conditions to access the RSC Information via the link in the Order Acknowledgement Email issued at the point of purchase;

“Commercial Use” means use which is for direct economic or commercial advantage, whether by or for the Academic Individual(s), by means of the sale, resale, loan, transfer, hire or other form of exploitation of RSC Information. For the avoidance of doubt:

(i) use of RSC Information by the Academic Individual(s) in the course of research funded by a commercial organisation is not deemed to constitute Commercial Use. However, use of RSC Information by the Academic Individual(s) in the course of research funded by a commercial organisation for the purpose of contract research is deemed to constitute Commercial Use; and

(ii) use of RSC Information by the Academic Individual(s) in the course of research carried out for a commercial organisation is deemed to constitute Commercial Use.

“Pay-per-view Article(s)” means articles from RSC electronic journals which are available to purchase individually;

“Pay-per-view Chapter(s)” means chapters from RSC eBooks which are available to purchase individually;

“RSC” means The Royal Society of Chemistry;

“RSC Information” means information provided by the RSC to Academic Individual(s) in the form of Pay-per-view Chapter(s) and Pay-per-view Article(s) on the terms and conditions set out herein;

“Site” means www.rsc.org and pubs.rsc.org.

A. Terms of Use

The purchase and use of any Pay-per-view Chapter(s) and/or and Pay-per-view Article(s) via the Site by the Academic Individual(s) will be governed by the terms set out below (in addition to the Terms above).

B. Prohibited Uses

Academic Individual(s) shall not use any web crawler software to access RSC Information. Such activities may have a detrimental effect on RSC Information or access thereto, and they are strictly forbidden.

C. Permitted Uses

Subject to provisions (a), (b), (c) and (d) in this Section C below, Academic Individual(s) are permitted to:

1. search, retrieve, display, and view RSC Information;

2. copy (including printing and downloading) RSC Information and retain it as long as they wish for their own personal use;

3. use RSC Information for the purposes of research or private study only, and not for Commercial Use;

4. store RSC Information electronically, provided the use is consistent with the other terms and conditions described here;

5. include RSC Information (for example, a figure, diagram or chart) in a presentation or in a published work provided permission has been sought and obtained from the RSC in advance, except as permitted in accordance with fair use/fair dealing principles. Details of the RSC’s procedures for processing permissions requests and a permission request form for this purpose is available from the RSC’s Site at www.rsc.org/permissions. The material must carry the relevant credit, as specified below in a position and typeface as to be clearly visible; and

6. include copies (including printed or downloaded) of RSC Information in anthologies (course packs) in printed or electronic form for sale (as long as the sale is not for Commercial Use) and/or distribution for use in connection with a course of instruction only.

Copies of RSC Information in any online or offline (for example, CD-ROMs) electronic form whatsoever which are included in electronic course packs must be deleted or destroyed, as appropriate, by the Academic Individual(s) no later than thirty (30) days after the end of the term in which the related course concludes.

Acknowledgement (where the copyright owner(s) to be used in the statement are specified at www.rsc.org/journalscopyright) in the following form:

  1. (i) “(original citation) – Reproduced by permission of The Royal Society of Chemistry"; or
  2. (ii) “(original citation) – Reproduced by permission of the PCCP Owner Societies"; or
  3. (iii) "(original citation) – Reproduced by permission of The Royal Society of Chemistry (RSC) on behalf of the copyright owner and the RSC".

must appear on the relevant RSC Information in a position and typeface as to be clearly visible and any RSC Information must be kept in the form in which it is supplied to you.

If an Academic Individual wishes to gain permission from the RSC to carry out any other activity not explicitly mentioned above, they must obtain prior permission from the RSC. Go to www.rsc.org/permissions for details. For the avoidance of doubt Academic Individual(s) may not without the RSC’s consent:

(a) reproduce the RSC Information in a systematic way, or redistribute, transmit, communicate, to the public, make available, distribute, disseminate, re-sell, loan or sub-license RSC Information to any other party except as otherwise specifically permitted under these Additional Terms and Conditions;

(b) copy, duplicate, re-publish or in any way use any part of the RSC Information for Commercial Use or prepare derivate works, make available for download or incorporate the RSC Information in whole or in part in any other work or on intranet or internet systems except as otherwise specifically permitted under these Additional Terms and Conditions;

(c) make multiple copies of any part of the RSC Information or make print or electronic copies of multiple extracts of the RSC Information for any purpose except as specifically provided in these Additional Terms and Conditions; or

(d) plagiarise, alter, abridge or modify the RSC Information or any part of the same for any purpose whatsoever or in any way co-mingle the RSC Information with other third party content or pass to any other person or organisation the Order Acknowledgement Email assigned for the purpose of electronic access.

D. Copyright

1. The RSC owns the copyright in, and/or has the right to exploit, the RSC Information, use of which is subject to all applicable copyright, database protection, and other rights of the copyright owner and publisher. Copyright notices, author’s names and watermarks may not be removed, obscured, or modified in any way. The Academic Individual(s) must take all reasonable precautions to prevent theft or inadvertent illicit use of the intellectual property in RSC Information. The relevant copyright notice must be displayed on all copies made from RSC Information.

2. Academic Individual(s) acknowledge that these Additional Terms and Conditions do not assign or transfer any right, title or interest in the RSC Information to the Academic Individual(s) except for the right to access and use the RSC Information in accordance with these Additional Terms and Conditions.

E. System Requirements

Please note that it is your responsibility to check that the computer you plan to use to access the RSC Information is compatible with the minimum specification requirement that relates to the RSC Information you are ordering. The minimum specification for the RSC Information is provided on our Site. You acknowledge and accept that the RSC cannot be held responsible for any technical problems you encounter following the purchase of any RSC Information.

F. Availability

1. The RSC reserves the right to alter the availability of RSC Information. Your Pay-per view Chapter and/or and Pay-per-view Article will be available to access immediately on acceptance of your order and issue of the Order Acknowledgement Email via the link in your Order Acknowledgement Email and will be available for you to download, print and/or save in accordance with the Terms and these Additional Terms and Conditions, for a period of five (5) days of the date of such Order Acknowledgement Email. For the avoidance of doubt, following such five (5) day period, the RSC Information will no longer be available to access by you.

2. The RSC shall use all reasonable endeavours to make RSC Information available on a continuous basis, but if your access is suspended or interrupted or a fault or defect occurs which prevents access to RSC Information, subject to clause 3 of this section F, the RSC's liability shall be limited to using all commercially reasonable efforts to restore access as soon as is reasonably practicable. Otherwise the RSC shall have no other liability to the Academic Individual(s) in this respect.

3. While RSC uses all reasonable endeavours to make the RSC Information available on a continuous basis, RSC reserves the right to suspend access in order to carry out routine maintenance, repairs, testing, reconfigurations or upgrades of our Site and/or the services provided to you, may be unavailable due to circumstances beyond the RSC’s reasonable control.

4. RSC reserves the right to suspend access to the RSC Information on detecting a breach of these Additional Terms and Conditions and/or the Terms without prior notice to you. The RSC may restore access to the RSC Information if the Academic Individual proves to the RSC’s satisfaction, that the breach has been corrected. If, after a period of 30 days following the notification of breach by the Academic Individual, the breach (if remediable) has not been remedied the RSC may terminate this contract. For example but not by way of limitation, a breach shall be deemed to include the failure to pay any sums due; any attempt to hack into, tamper with, or disable, any electronic-protection, security, software, or system; or the use by the Academic Individual of RSC’s systems or any RSC Information in a manner contrary to these Additional Terms and Conditions. Termination shall not affect the liability of either party in breach of these Additional Terms and Conditions or the accrued rights and remedies of the parties.

Pay-per-view eBook Chapters & Journal Articles (Non-Academic Individuals) Additional Terms and Conditions

These Pay-Per-View eBook chapters and journal articles (Non-Academic Individuals) Additional Terms and Conditions apply to the sale of Pay-per-view Chapter(s) and Pay-per-view Article(s) from The Royal Society of Chemistry eBooks and The Royal Society of Chemistry electronic journals respectively to Non-Academic Individuals.

Please read these Additional Terms and Conditions carefully before purchasing a Pay-per-view Chapter and/or Pay-per-view Article and print off and/or save a copy for your records. The RSC will not file or otherwise keep a copy of the contract completed between you and the RSC and a copy of the concluded contract will not be available from the RSC at a future time and date.

By ordering any of RSC’s Pay-per-view Chapters and Pay-per-view Articles as a Non-Academic Individual, you are confirming your agreement to be bound by these Additional Terms and Conditions under which the RSC grants you the non-exclusive and non-transferable right and licence to use the RSC Information that you purchase from the RSC. For the avoidance of doubt, in the event of any inconsistency between these Additional Terms and Conditions and the Terms & Conditions (or Terms of Use) on the RSC’s Site and/or the general Terms, these Additional Terms and Conditions shall prevail.

Definitions

“Academic Individual(s)” means an individual engaged in teaching and/or research in the field of chemical sciences at a university or institute of higher education;

“Non-Academic Individual(s)” means any individual other than an Academic Individual who is authorised by these Additional Terms and Conditions to access the RSC Information via the link in the Order Acknowledgement Email issued at the point of purchase, such as an individual working for a commercial organisation;

“Pay-per-view Article(s)” means articles from RSC electronic journals which are available to purchase individually;

“Pay-per-view Chapter(s)” means chapters from RSC eBooks which are available to purchase individually;

“RSC” means The Royal Society of Chemistry;

“RSC Information” means information provided by the RSC to Non-Academic Individual(s) in the form of Pay-per-view Chapter(s) and Pay-per-view Article(s) on the terms and conditions set out herein;

“Site” means www.rsc.org and pubs.rsc.org.

A. Terms of Use

The purchase and use of any Pay-per-view Chapter(s) and/or and Pay-per-view Article(s) via the Site by the Non-Academic Individual(s) will be governed by the terms set out below (in addition to the Terms above).

B. Prohibited Uses

Non-Academic Individual(s) shall not use any web crawler software to access RSC Information. Such activities may have a detrimental effect on RSC Information or access thereto, and they are strictly forbidden.

C. Permitted Uses

Subject to provisions (a), (b), (c) and (d) in this Section C below, Non-Academic Individual(s) are permitted to:

1. search, retrieve, display, and view RSC Information;

2. copy (including printing and downloading) RSC Information and retain it as long as required for use by the Non-Academic Individual(s) pertaining strictly to the Non-Academic Individual(s)'s work for the Non-Academic Individual(s)’s organisation. Non-Academic Individual(s) may copy (including printing and downloading) RSC Information and retain it as long as they wish for their own personal use;

3. store RSC Information electronically, provided the use is consistent with the other terms and conditions described here;

4. include RSC Information (for example, a figure, diagram or chart) in a presentation or in a published work provided permission has been sought and obtained from the RSC in advance, except as permitted in accordance with fair use/fair dealing principles. Details of the RSC’s procedures for processing permissions requests and a permission request form for this purpose is available from the RSC’s Site at www.rsc.org/permissions. The material must carry the relevant credit, as specified below in a position and typeface as to be clearly visible;

5. include RSC Information in a regulatory submission; and

6. make and provide one copy of RSC Information to another organisation who has engaged them to conduct specific searches, provided that the appropriate copyright notice is placed on the material (as shown below), and permit the other organisation to subsequently use the RSC Information according to the Terms and Conditions 1 through 5 above. A copy may be kept by the Non-Academic Individual(s) and the other organisation for backup purposes only. The backup copy may not be used to fulfil a similar search request from another organisation.

Acknowledgement (where the copyright owner(s) to be used in the statement are specified at www.rsc.org/journalscopyright) in the following form:

(i) “(original citation) – Reproduced by permission of The Royal Society of Chemistry"; or

(ii) “(original citation) – Reproduced by permission of the PCCP Owner Societies"; or

(iii) "(original citation) – Reproduced by permission of The Royal Society of Chemistry (RSC) on behalf of the copyright owner and the RSC"

must appear on the relevant RSC Information in a position and typeface as to be clearly visible and any RSC Information must be kept in the form in which it is supplied to you.

If a Non-Academic Individual wishes to gain permission from the RSC to carry out any other activity not explicitly mentioned above, they must obtain prior permission from the RSC. Go to www.rsc.org/permissions for details. For the avoidance of doubt Non-Academic Individual(s) may not without the RSC’s consent:

(a) reproduce the RSC Information in a systematic way, or redistribute, transmit, communicate, to the public, make available, distribute, disseminate, re-sell, loan or sub-license RSC Information to any other party except as specifically permitted under these Additional Terms and Conditions;

(b) copy, duplicate, re-publish or in any way use any part of the RSC Information for commercial use or prepare derivate works, make available for download or incorporate the RSC Information in whole or in part in any other work or on intranet or internet systems except as specifically permitted under these Additional Terms and Conditions;

(c) make multiple copies of any part of the RSC Information or make print or electronic copies of multiple extracts of the RSC Information for any purpose except as specifically provided in these Additional Terms and Conditions; or

(d) plagiarise, alter, abridge or modify the RSC Information or any part of the same for any purpose whatsoever or in any way co-mingle the RSC Information with other third party content or pass to any other person or organisation the Order Acknowledgement Email assigned for the purpose of electronic access except as specifically permitted under these Additional Terms and Conditions.

D. Copyright

1. The RSC owns the copyright in, and/or has the right to exploit, the RSC Information, use of which is subject to all applicable copyright, database protection, and other rights of the copyright owner and publisher. Copyright notices, author’s names and watermarks may not be removed, obscured, or modified in any way. The Non-Academic Individual(s) must take all reasonable precautions to prevent theft or inadvertent illicit use of the intellectual property in RSC Information. The relevant copyright notice must be displayed on all copies made from RSC Information.

2. Non-Academic Individual(s) acknowledge that these Additional Terms and Conditions do not assign or transfer any right, title or interest in the RSC Information to the Non-Academic Individual(s) except for the right to access and use the RSC Information in accordance with these Additional Terms and Conditions.

E. System Requirements

Please note that it is your responsibility to check that the computer you plan to use to access the RSC Information is compatible with the minimum specification requirement that relates to the RSC Information you are ordering. The minimum specification for the RSC Information is provided on our Site. You acknowledge and accept that the RSC cannot be held responsible for any technical problems you encounter following the purchase of any RSC Information.

F. Availability

1. The RSC reserves the right to alter the availability of RSC Information. Your Pay-per view Chapter and/or and Pay-per-view Article will be available to access immediately on acceptance of your order and issue of the Order Acknowledgement Email via the link in your Order Acknowledgement Email and will be available for you to download, print and/or save in accordance with the Terms and these Additional Terms and Conditions, for a period of five (5) days of the date of such Order Acknowledgement Email. For the avoidance of doubt, following such five (5) day period, the RSC Information will no longer be available to access by you.

2. The RSC shall use all reasonable endeavours to make RSC Information available on a continuous basis, but if your access is suspended or interrupted or a fault or defect occurs which prevents access to RSC Information, subject to clause 3 of this section F, the RSC's liability shall be limited to using all commercially reasonable efforts to restore access as soon as is reasonably practicable. Otherwise the RSC shall have no other liability to the User in this respect.

3. While RSC uses all reasonable endeavours to make the RSC Information available on a continuous basis, RSC reserves the right to suspend access in order to carry out routine maintenance, repairs, testing, reconfigurations or upgrades of our Site and/or the services provided to you, may be unavailable due to circumstances beyond the RSC’s reasonable control.

4. RSC reserves the right to suspend access to the RSC Information on detecting a breach of these Additional Terms and Conditions and/or the Terms without prior notice to you. The RSC may restore access to the RSC Information if the User proves to the RSC’s satisfaction, that the breach has been corrected. If, after a period of 30 days following the notification of breach by the User, the breach (if remediable) has not been remedied the RSC may terminate this contract. For example but not by way of limitation, a breach shall be deemed to include the failure to pay any sums due; any attempt to hack into, tamper with, or disable, any electronic-protection, security, software, or system; or the use by the User of RSC’s systems or any RSC Information in a manner contrary to these Additional Terms and Conditions. Termination shall not affect the liability of either party in breach of these Additional Terms and Conditions or the accrued rights and remedies of the parties.

Pay-per-view Monographs – The Merck Index* Online (Academic Individuals) Additional Terms and Conditions

These Pay-Per-View Monographs – The Merck Index* Online (Academic Individuals) Additional Terms and Conditions apply to the sale of Pay-per-view Monographs from The Royal Society of Chemistry’s The Merck Index* Online to Academic Individual(s).

Please read these Additional Terms and Conditions carefully before purchasing a Pay-per-view Monograph and print off and/or save a copy for your records. The RSC will not file or otherwise keep a copy of the contract completed between you and the RSC and a copy of the concluded contract will not be available from the RSC at a future time and date.

In order to purchase any Pay-per-View Monographs through our Site, you must have an online RSC ID. If you do not already have an online RSC ID, you will be asked to create this in order to proceed through the online order process. If, however, you already have an online RSC ID, please log in with the user name and password that you created.

By ordering any Pay-per-view Monographs as an Academic Individual, you are confirming your agreement to be bound by these Additional Terms and Conditions under which the RSC grants you the non-exclusive and non-transferable right and licence to use the RSC Information that you purchase from the RSC. For the avoidance of doubt, in the event of any inconsistency between these Additional Terms and Conditions and the Terms & Conditions (or Terms of Use) on the RSC’s Site and/or the general Terms, these Additional Terms and Conditions shall prevail.

Definitions

“Academic Individual(s)” means an individual engaged in teaching and/or research in the field of chemical sciences at a university or institute of higher education who is authorised by these Additional Terms and Conditions to access the RSC Information via the link in the Order Acknowledgement Email issued at the point of purchase;

“Commercial Use” means use which is for direct economic or commercial advantage, whether by or for the Academic Individual(s), by means of the sale, resale, loan, transfer, hire or other form of exploitation of RSC Information. For the avoidance of doubt:

(i) use of RSC Information by the Academic Individual(s) in the course of research funded by a commercial organisation is not deemed to constitute Commercial Use. However, use of RSC Information by the Academic Individual(s) in the course of research funded by a commercial organisation for the purpose of contract research is deemed to constitute Commercial Use; and

(ii) use of RSC Information by the Academic Individual(s) in the course of research carried out for a commercial organisation is deemed to constitute Commercial Use.

“Pay-per-view Monograph(s)” means monographs from The Merck Index* Online which are available to purchase individually;

* The name THE MERCK INDEX is owned by Merck Sharp & Dohme Corp., a subsidiary of Merck & Co., Inc., Whitehouse Station, N.J., U.S.A., and is licensed to The Royal Society of Chemistry for use in the U.S.A. and Canada.

“RSC” means The Royal Society of Chemistry;

“RSC Information” means information provided by the RSC to Academic Individual(s) in the form of Pay-per-view Monograph(s) on the terms and conditions set out herein;

“Site” means www.rsc.org.

A. Terms of Use

The purchase and use of any Pay-per-view Monograph(s) via the Site by the Academic Individual(s) will be governed by the terms set out below (in addition to the Terms above).

B. Permitted Uses

Subject to provisions (a), (b), (c) and (d) in this Section C below, Academic Individual(s) are permitted to:

1. search, retrieve, display, and view RSC Information;

2. copy, print and/or store electronically RSC Information and retain it as long as they wish for their own personal use, provided such use is consistent with the other terms and conditions described here;

3. use RSC Information for the purposes of research or private study only, and not for Commercial Use; and

4. include RSC Information (for example, a figure, diagram or chart) in a presentation or in a published work provided permission has been sought and obtained from the RSC in advance, except as permitted in accordance with fair use/fair dealing principles. Details of the RSC’s procedures for processing permissions requests and a permission request form for this purpose is available from the RSC’s Site at www.rsc.org/permissions. The material must carry the relevant credit, as specified below in a position and typeface as to be clearly visible.

Acknowledgement in the form:

The Merck Index* Online, Royal Society of Chemistry, Cambridge, UK, YYYY, http://www.rsc.org/merck-index/monograph/XXX – Reproduced by permission of The Royal Society of Chemistry

must appear on the relevant RSC Information in a position and typeface as to be clearly visible where YYYY is year of download and XXX is the Monograph ID.

* The name THE MERCK INDEX is owned by Merck Sharp & Dohme Corp., a subsidiary of Merck & Co., Inc., Whitehouse Station, N.J., U.S.A., and is licensed to The Royal Society of Chemistry for use in the U.S.A. and Canada.

If an Academic Individual wishes to gain permission from the RSC to carry out any other activity not explicitly mentioned above, they must obtain prior permission from the RSC. Go to www.rsc.org/permissions for details. For the avoidance of doubt Academic Individual(s), may not without the RSC’s consent in writing:

(a) reproduce the RSC Information in a systematic way, or redistribute, transmit, communicate, to the public, make available, distribute, disseminate, re-sell, loan or sub-license RSC Information to any other party;

(b) copy, duplicate, re-publish or in any way use any part of the RSC Information for Commercial Use or prepare derivate works, make available for download or incorporate the RSC Information in whole or in part in any other work or on intranet or internet systems;

(c) make multiple copies of any part of the RSC Information or make print or electronic copies of multiple extracts of the RSC Information for any purpose except as specifically provided in these Additional Terms and Conditions; or

(d) plagiarise, alter, abridge or modify the RSC Information or any part of the same for any purpose whatsoever or in any way co-mingle the RSC Information with other third party content or pass to any other person or organisation the Order Acknowledgement Email assigned for the purpose of electronic access.

C. Intellectual Property

1. RSC Information is © The Royal Society of Chemistry, 2013 (although the name THE MERCK INDEX is owned by Merck Sharp & Dohme Corp., a subsidiary of Merck & Co., Inc., Whitehouse Station, N.J., U.S.A., and is licensed to The Royal Society of Chemistry for use in the U.S.A. and Canada).

2. The RSC owns the copyright in, and/or has the right to exploit, the RSC Information, use of which is subject to all applicable copyright, database protection, and other rights of the copyright owner and publisher. Copyright and trade mark notices may not be removed, obscured, or modified in any way. The Academic Individual(s) must take all reasonable precautions to prevent theft or inadvertent illicit use of the intellectual property in RSC Information. The relevant copyright notice as set out in clause 1 of this section C. Intellectual Property must be displayed on all copies made from RSC Information.

3. Academic Individual(s) acknowledge that these Additional Terms and Conditions do not assign or transfer any right, title or interest in the RSC Information to the Academic Individual(s) except for the right to access and use the RSC Information in accordance with these Additional Terms and Conditions.

D. System Requirements

Please note that it is your responsibility to check that the computer you plan to use to access the RSC Information is compatible with the minimum specification requirement that relates to the RSC Information you are ordering. The minimum specification for the RSC Information is provided on our Site. You acknowledge and accept that the RSC cannot be held responsible for any technical problems you encounter following the purchase of any RSC Information.

E. Access & Availability

1. The RSC reserves the right to alter the availability of RSC Information. Your Pay-per view Monograph will be available to access immediately on acceptance of your order and issue of the Order Acknowledgement Email via the link in your Order Acknowledgement Email and will be available for you to print and/or store electronically in accordance with the Terms and these Additional Terms and Conditions. The contract between you and the RSC will expire at the point at which you access your Pay-per-View Monograph, however your obligations under sections A. Terms of Use, B. Permitted Uses and C. Intellectual Property of these Additional Terms and Conditions will continue beyond expiry of the contract.

2. The RSC shall use all reasonable endeavours to make RSC Information available on a continuous basis, but if your access is suspended or interrupted or a fault or defect occurs which prevents access to RSC Information, subject to clause 3 of this section E, the RSC's liability shall be limited to using all commercially reasonable efforts to restore access as soon as is reasonably practicable. Otherwise the RSC shall have no other liability to the Academic Individual(s) in this respect.

3. While RSC uses all reasonable endeavours to make the RSC Information available on a continuous basis, RSC reserves the right to suspend access in order to carry out routine maintenance, repairs, testing, reconfigurations or upgrades of our Site and/or the services provided to you, may be unavailable due to circumstances beyond the RSC’s reasonable control.

4. RSC reserves the right to suspend access to the RSC Information on detecting a breach of these Additional Terms and Conditions and/or the Terms without prior notice to you. The RSC may restore access to the RSC Information if the Academic Individual proves to the RSC’s satisfaction, that the breach has been corrected. If, after a period of 30 days following the notification of breach by the Academic Individual, the breach (if remediable) has not been remedied the RSC may terminate this contract. For example but not by way of limitation, a breach shall be deemed to include the failure to pay any sums due; any attempt to hack into, tamper with, or disable, any electronic-protection, security, software, or system; or the use by the Academic Individual of RSC’s systems or any RSC Information in a manner contrary to these Additional Terms and Conditions.

5. Termination shall not affect the liability of either party in breach of these Additional Terms and Conditions or the accrued rights and remedies of the parties.

Pay-per-view Monographs – The Merck Index* Online (Non-Academic Individuals) Additional Terms and Conditions

These Pay-Per-View Monographs – The Merck Index* Online (Non-Academic Individuals) Additional Terms and Conditions apply to the sale of Pay-per-view Monograph(s) from The Royal Society of Chemistry’s– The Merck Index* Online to Non-Academic Individuals.

Please read these Additional Terms and Conditions carefully before purchasing a Pay-per-view Monograph and print off and/or save a copy for your records. The RSC will not file or otherwise keep a copy of the contract completed between you and the RSC and a copy of the concluded contract will not be available from the RSC at a future time and date.

In order to purchase any Pay-per-View Monographs through our Site, you must have an online RSC ID. If you do not already have an online RSC ID, you will be asked to create this in order to proceed through the online order process. If, however, you already have an online RSC ID, please log in with the user name and password that you created.

By ordering any of RSC’s Pay-per-view Monographs as a Non-Academic Individual, you are confirming your agreement to be bound by these Additional Terms and Conditions under which the RSC grants you the non-exclusive and non-transferable right and licence to use the RSC Information that you purchase from the RSC. For the avoidance of doubt, in the event of any inconsistency between these Additional Terms and Conditions and the Terms & Conditions (or Terms of Use) on the RSC’s Site and/or the general Terms, these Additional Terms and Conditions shall prevail.

Definitions

“Academic Individual(s)” means an individual engaged in teaching and/or research in the field of chemical sciences at a university or institute of higher education;

“Non-Academic Individual(s)” means any individual other than an Academic Individual who is authorised by these Additional Terms and Conditions to access the RSC Information via the link in the Order Acknowledgement Email issued at the point of purchase, such as an individual working for a commercial organisation;

“Pay-per-view Monographs(s)” means monographs from The Merck Index* Online which are available to purchase individually;

* The name THE MERCK INDEX is owned by Merck Sharp & Dohme Corp., a subsidiary of Merck & Co., Inc., Whitehouse Station, N.J., U.S.A., and is licensed to The Royal Society of Chemistry for use in the U.S.A. and Canada.

“RSC” means The Royal Society of Chemistry;

“RSC Information” means information provided by the RSC to Non-Academic Individual(s) in the form of Pay-per-view Monograph(s) on the terms and conditions set out herein;

“Site” means www.rsc.org.

A. Terms of Use

The purchase and use of any Pay-per-view Monograph(s) via the Site by the Non-Academic Individual(s) will be governed by the terms set out below (in addition to the Terms above).

B. Permitted Uses

Subject to provisions (a), (b), (c) and (d) in this Section B below, Non-Academic Individual(s) are permitted to:

1. search, retrieve, display, and view RSC Information;

2. copy, print and/or store electronically RSC Information and retain it as long as required for use by the Non-Academic Individual(s) pertaining strictly to the Non-Academic Individual(s)'s work for the Non-Academic Individual(s)’s organisation, provided such use is consistent with the other terms and conditions described here.

3. Non-Academic Individual(s) may copy, print and/or store electronically RSC Information and retain it as long as they wish for their own personal use, provided such use is consistent with the other terms and conditions described here;

4. include RSC Information (for example, a figure, diagram or chart) in a presentation or in a published work provided permission has been sought and obtained from the RSC in advance, except as permitted in accordance with fair use/fair dealing principles. Details of the RSC’s procedures for processing permissions requests and a permission request form for this purpose is available from the RSC’s Site at www.rsc.org/permissions. The material must carry the relevant credit, as specified below in a position and typeface as to be clearly visible; and

5. include RSC Information in a regulatory submission.

Acknowledgement in the form:

The Merck Index* Online, Royal Society of Chemistry, Cambridge, UK, YYYY, http://www.rsc.org/merck-index/monograph/XXX – Reproduced by permission of The Royal Society of Chemistry

must appear on the relevant RSC Information in a position and typeface as to be clearly visible where YYYY is year of download and XXX is the Monograph ID.

* The name THE MERCK INDEX is owned by Merck Sharp & Dohme Corp., a subsidiary of Merck & Co., Inc., Whitehouse Station, N.J., U.S.A., and is licensed to The Royal Society of Chemistry for use in the U.S.A. and Canada.

If a Non-Academic Individual wishes to gain permission from the RSC to carry out any other activity not explicitly mentioned above, they must obtain prior permission from the RSC. Go to www.rsc.org/permissions for details. For the avoidance of doubt Non-Academic Individual(s) may not without the RSC’s consent in writing:

(a) reproduce the RSC Information in a systematic way, or redistribute, transmit, communicate, to the public, make available, distribute, disseminate, re-sell, loan or sub-license RSC Information to any other party;

(b) copy, duplicate, re-publish or in any way use any part of the RSC Information for commercial use or prepare derivate works, make available for download or incorporate the RSC Information in whole or in part in any other work or on intranet or internet systems;

(c) make multiple copies of any part of the RSC Information or make print or electronic copies of multiple extracts of the RSC Information for any purpose except as specifically provided in these Additional Terms and Conditions; or

(d) plagiarise, alter, abridge or modify the RSC Information or any part of the same for any purpose whatsoever or in any way co-mingle the RSC Information with other third party content or pass to any other person or organisation the Order Acknowledgement Email assigned for the purpose of electronic access.

C. Intellectual Property

1. RSC Information is © The Royal Society of Chemistry, 2013 (although the name THE MERCK INDEX is owned by Merck Sharp & Dohme Corp., a subsidiary of Merck & Co., Inc., Whitehouse Station, N.J., U.S.A., and is licensed to The Royal Society of Chemistry for use in the U.S.A. and Canada).

2. The RSC owns the copyright in, and/or has the right to exploit, the RSC Information, use of which is subject to all applicable copyright, database protection, and other rights of the copyright owner and publisher. Copyright and trade mark notices, may not be removed, obscured, or modified in any way. The Non-Academic Individual(s) must take all reasonable precautions to prevent theft or inadvertent illicit use of the intellectual property in RSC Information. The relevant copyright notice as set out in clauses 1 of this section C. Intellectual Property must be displayed on all copies made from RSC Information.

3. Non-Academic Individual(s) acknowledge that these Additional Terms and Conditions do not assign or transfer any right, title or interest in the RSC Information to the Non-Academic Individuals(s) except for the right to access and use the RSC Information in accordance with these Additional Terms and Conditions.

D. System Requirements

Please note that it is your responsibility to check that the computer you plan to use to access the RSC Information is compatible with the minimum specification requirement that relates to the RSC Information you are ordering. The minimum specification for the RSC Information is provided on our Site. You acknowledge and accept that the RSC cannot be held responsible for any technical problems you encounter following the purchase of any RSC Information.

E. Access & Availability

1. The RSC reserves the right to alter the availability of RSC Information. Your Pay-per view Monograph will be available to access immediately on acceptance of your order and issue of the Order Acknowledgement Email via the link in your Order Acknowledgement Email and will be available for you to print and/or store electronically in accordance with the Terms and these Additional Terms and Conditions. The contract between you and the RSC will expire at the point at which you access your Pay-per-View Monograph, however your obligations under sections A. Terms of Use, B. Permitted Uses and C. Intellectual Property of these Additional Terms and Conditions will continue beyond expiry of the contract.

2. The RSC shall use all reasonable endeavours to make RSC Information available on a continuous basis, but if your access is suspended or interrupted or a fault or defect occurs which prevents access to RSC Information, subject to clause 3 of this section E, the RSC's liability shall be limited to using all commercially reasonable efforts to restore access as soon as is reasonably practicable. Otherwise the RSC shall have no other liability to the User in this respect.

3. While RSC uses all reasonable endeavours to make the RSC Information available on a continuous basis, RSC reserves the right to suspend access in order to carry out routine maintenance, repairs, testing, reconfigurations or upgrades of our Site and/or the services provided to you, may be unavailable due to circumstances beyond the RSC’s reasonable control.

4. RSC reserves the right to suspend access to the RSC Information on detecting a breach of these Additional Terms and Conditions and/or the Terms without prior notice to you. The RSC may restore access to the RSC Information if the User proves to the RSC’s satisfaction, that the breach has been corrected. If, after a period of 30 days following the notification of breach by the User, the breach (if remediable) has not been remedied the RSC may terminate this contract. For example but not by way of limitation, a breach shall be deemed to include the failure to pay any sums due; any attempt to hack into, tamper with, or disable, any electronic-protection, security, software, or system; or the use by the User of RSC’s systems or any RSC Information in a manner contrary to these Additional Terms and Conditions.

5. Termination shall not affect the liability of either party in breach of these Additional Terms and Conditions or the accrued rights and remedies of the parties.

Online CPD Additional Terms and Conditions

These Online CPD Additional Terms and Conditions apply to the sale of online CPD courses (“Online CPD”) through The Royal Society of Chemistry’s website www.rsc.org/cpd/teachers/online (or any other website operated by the RSC) (our “Site”).

Please read these Additional Terms and Conditions carefully before purchasing access to any Online CPD and print off and/or save a copy for your records. The RSC will not file or otherwise keep a copy of the contract completed between you and the RSC and a copy of the concluded contract will not be available from the RSC at a future time and date.

In order to purchase access to any Online CPD through our Site, you must have an online RSC ID. If you do not already have an online RSC ID, you will be asked to create this in order to proceed through the online order process. If, however, you already have an online RSC ID, please log in with the user name and password that you created.

By ordering access to any of RSC’s Online CPD, you are confirming your agreement to be bound by these Additional Terms and Conditions under which the RSC grants you the non-exclusive and non-transferable right and licence to use the Digital Content provided by the RSC to you in the form of the relevant Online CPD. For the avoidance of doubt, in the event of any inconsistency between these Additional Terms and Conditions and the Terms & Conditions (or Terms of Use) on the RSC’s Site and/or the general Terms, these Additional Terms and Conditions shall prevail.

A. Access Terms

1.

Access to Online CPD may be purchased for one individual at a time only. If you are an educational institution purchasing Online CPD on behalf of one of your teachers you shall ensure that the relevant individual teacher complies with these Additional Terms and Conditions as if they had purchased the relevant Online CPD themselves.

2.

You will have access to the Online CPD you purchase immediately on acceptance of your order and issue of the Order Acknowledgement Email and to any updates made in accordance with Section C. Modifications of content of existing courses or technology enhancements for a period of 12 months (“Subscription Period”), via the link in your Order Acknowledgement Email. The receipt of any Online CPD is personal to you and you may not transfer your rights to access the Online CPD or provide an Online CPD to another person. In consideration of receipt by the RSC of the applicable course fee, the RSC grants to you a non-exclusive, non-transferable licence to use the Online CPD Digital Content for the sole purpose of studying for the Online CPD and for sharing the ideas contained with the Online CPD with your students on a non-commercial basis.

3.

Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, upload, post, transmit or distribute in any way any of the Online CPD Digital Content. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Online CPD Digital Content or create derivative works based on the whole of or any part of the Online CPD Digital Content or incorporate the Online CPD Digital Content into any software program. Use of the Online CPD Digital Content not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either the RSC’s copyright or the RSC’s other intellectual property rights, and / or the copyright or other intellectual property rights of the RSC’s licensors.

B. System Requirements

Please note that it is your responsibility to check that the computer you plan to use to access your Online CPD Digital Content and the Online CPD is compatible with the minimum specification requirement that relates to the Online CPD Digital Content you are ordering. The minimum specification for each course is provided on our Site. You acknowledge and accept that the RSC cannot be held responsible for any technical problems you encounter following the purchase of any Online CPD.

C. Modifications to content of existing courses or technology enhancements

1.

From time to time, the RSC may make modifications, enhancements or issue clarifications to the audiovisual, interactive or written Online CPD.

2.

Where any existing Online CPD has been purchased prior to such modifications, enhancements or clarifications, you will be entitled to and receive a free update at the time such modifications, enhancements or clarifications are made by the RSC and for the duration of your Subscription Period. However, in the event that the Subscription Period has expired or is terminated at the time of such modifications, enhancements or clarifications, you will not be entitled to any version, including the amended version, of the Online CPD. In order to access the amended version of Online CPD, it must be purchased as a new Online CPD.

D. Change of access

1.

From the date upon which any new guidance relevant to any Online CPD becomes effective (meaning that a modification, enhancement or clarification is required), the RSC reserves the right to cease to make the existing affected Online CPD available for purchase. In these circumstances, the existing affected Online CPD will be removed from the course catalogue. When a course is removed, the course will no longer be accessible. However, you will still be able to access your Online CPD record.

E. Technical Support / Demonstrations / Disruption/Suspension of access

1.

The RSC will provide technical and content support to individuals who have purchased an Online CPD in respect of the Online CPD purchased, in accordance with the provisions referred to below.

2.

If you report a fault to the RSC, the RSC will use reasonable endeavours to provide a solution but the RSC does not guarantee that the technical support provided will resolve your technical problems. If you receive technical advice from the RSC then the RSC will not accept any responsibility for any problem if you do not ensure that such advice is strictly followed.

3.

RSC is not obliged to offer you any technical support in relation to your use of any of the free demonstrations available on the Site but the RSC may elect to offer technical support and the extent of any such technical support is entirely at the discretion of the RSC.

4.

You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to the Site and that technical support may not be available during such periods of downtime. Further you accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.

5.

The RSC will use reasonable endeavours to make the Online CPD available but cannot guarantee uninterrupted availability. The RSC reserves the right to suspend access to the Site for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Site. You also accept and acknowledge that the RSC cannot be held responsible for any delay or disruptions to your access to the Online CPD as a result of such suspension or any of the following:

(i) the operation of the internet and the world wide web, including but not limited to viruses;

(ii) any firewall restrictions that have been placed on your network or the computer you are using to access the Online CPD;

(iii) failures of telecommunications links and equipment; or

(iv) updated browser issues.

6.

RSC reserves the right to suspend access to Online CPD Digital Content on detecting a breach of these Additional Terms and Conditions and/or the Terms without prior notice to you. The RSC may restore access to Online CPD Digital Content if you prove to the RSC’s satisfaction, that the breach has been corrected. If, after a period of 30 days following the notification of breach by you, the breach (if remediable) has not been remedied, the RSC may terminate this contract. For example but not by way of limitation, a breach shall be deemed to include the failure to pay any sums due; any attempt to hack into, tamper with, or disable, any electronic-protection, security, software, or system; or use by you of RSC’s systems or any Online CPD or Online CPD Digital Content in a manner contrary to these Additional Terms and Conditions. Termination shall not affect the liability of either party in breach of these Additional Terms and Conditions or the accrued rights and remedies of the parties.

F. Warranties

1.

The RSC will provide the Online CPD Digital Content in accordance with the Online CPD description which is set out on the Site.

2.

The RSC does not make any commitment to you that the Online CPD will meet any specific requirements that you have and the RSC expects you to take reasonable care to verify that the Online CPD in question will meet your needs. The RSC does not make any commitment to you that you will obtain any particular result from your use of the Online CPD Digital Content or that you will obtain any particular qualification on completion of the Online CPD (unless otherwise stated on the Site).

3.

The RSC does not make any commitment that the Online CPD Digital Content will be compatible with or operate with your software or hardware.

4.

All representations, warranties and/or terms and/or commitments not expressly set out in these Additional Terms and Conditions (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law.

G. Limitation of liability

1.

The exclusions and limitations of liability contained in these Additional Terms and Conditions do not apply to a party’s liability: (i) for fraud or wilful default; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.

2.

Except as set out in these Additional Terms and Conditions, the RSC shall not be responsible for losses that fall into the following categories:
(a) indirect or consequential losses;
(b) loss of income or revenue;
(c) loss of business;
(d) loss of anticipated savings; or
(e) loss or corruption of data.

3.

The RSC is not responsible to you for any data that you lose either (a) as a result of accessing the Online CPD Digital Content; or (b) during completion of any Online CPD via the Site. It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are accessing the Online CPD Digital Content, and (ii) all data that you are inputting when completing the Online CPD.

4.

The RSC does not accept any liability for the contents of any Linked Site (as defined in clause 2 of Section I. Online CPD Digital Content and Intellectual Property below) and/or any link contained in a Linked Site. For the avoidance of doubt, the RSC is not responsible for any losses or damages that may arise from your use of any such links.

5.

Save as otherwise set out in this section “Limitation of liability”, the RSC’s maximum aggregate liability to you for any claims that you may have against the RSC for direct loss in contract, tort or otherwise arising out of or in connection with these Additional Terms and Conditions, the Online CPD, your use of the Online CPD Digital Content and any technical support shall be limited to the amount of the applicable course fee which has been paid, or is payable, by you or on your behalf.

6.

Each provision in this section G shall be construed separately as between you and the RSC. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification as may be necessary to make it valid and effective.

H. Disclaimer

1.

Each Online CPD is for training purposes only and is not accredited nor aligned to any particular curriculum. The RSC will not accept any responsibility to any party for the use of the Online CPD and/or the Online CPD Digital Content for any purpose other than training, including but not limited to the giving of advice by any purchaser to any third party.

I. Online CPD Digital Content and Intellectual Property

1.

At all times, as between the parties, unless as otherwise stated, the RSC remains the owner of the intellectual property in the Online CPD and the Online CPD Digital Content and/or has rights to the Online CPD Digital Content and no rights are granted to you in respect of the Online CPD and the Online CPD Digital Content other than as set out in these Additional Terms and Conditions.

2.

There are links to third party sites, applications and resources (“Linked Sites”) within Online CPD Digital Content. Such Linked Sites are out of the control of the RSC and the RSC does not make any guarantee that these links will continue to be available to you for the duration of your Subscription Period.

J. Events beyond our reasonable control

1.

The RSC will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

V.2.2, dated August 2014