When you register for On Demand you agree to abide by the following terms and conditions
- Published date:
Below are the terms and conditions you agree to when registering for British Library On Demand.
British Library On Demand services (“Services”), details of which are available on our website, are owned and operated by the British Library Board, a body corporate established under the British Library Act 1972, of 96 Euston Road, London NW1 2DB, United Kingdom, (“We” “Us” and “Our”) whereby We supply copies of original items in printed, electronic, microfilm or microfiche format (“Copy” or “Copies”) and lend original items from Our collection in response to requests from you. “You” and “Your” shall mean you, whether an organisation or an individual, using the Services. If You use any of the Services You are deemed to have agreed to abide by all of the following Standard Terms and Conditions together with any amendments thereto (both of which are non-negotiable) under which the Services are offered (“Terms and Conditions”). You also agree that, if You are using the Services on behalf of another individual, you will make that individual aware of these Terms and Conditions and that such individual(s) shall agree to be bound by the Terms and Conditions contained herein.
1. Copyright Fee Paid Photocopy Service
1.1 We will charge a publication-specific copyright fee on all Copies supplied. This fee will be in addition to any service charge for the supply of the Copy.
1.2 All Copies are produced under licence from the publisher or their agent(s). We are prohibited from providing Copies from some of the material in Our collection. Details of this excluded material, and the specific copyright fees for material from which we are permitted to supply Copies, are available on our catalogue.
1.3 You must not copy, scan, transmit or store electronically any Copies that you receive from Us unless You have the permission of the copyright owner or of The Copyright Licensing Agency Ltd or another authorised licensing body or save as permitted by statute. You may recoup the cost of Copies supplied to members of staff employed by or otherwise accredited to your organisation, including students or walk-in users. However if You wish to order Copies on behalf of a third party outside Your organisation, you might need to become one of Our intermediaries. To find out more about becoming an intermediary please contact Customer Services for further information.
2. Clause intentionally withdrawn.
3. Library Privilege Photocopy Service
3.1 The Library Privilege Photocopy Service is NOT available to You if You are:
3.1.1 registered as an individual;
3.1.3 a library which is not in an educational establishment or publicly accessible; or
3.1.4 an organisation that is conducted for-profit except if located in the UK and requests are made under sections 45-50 of the Act pursuant to Clause 3.7 of these terms and conditions.
3.2 By requesting Copies via the Library Privilege Photocopy Service, You warrant that You conform to the relevant sections of the UK Copyright, Designs and Patents Act 1988 (“the Act”) as amended from time to time, including any Regulations made thereunder.
3.3 If Your organisation is eligible to receive Copies under the Library Privilege Photocopy Service, and you wish to use the Library Privilege Photocopy Service, You acknowledge and agree that Your use of the Library Privilege Photocopy Service is conditional upon fulfilling the requirements set out in Clause 3.4.
3.4 You undertake that, for each Copy requested under Sections 42A and 43 (as may be consolidated or varied from time to time by law) of the Act (supply of copies for non-commercial research or private study purposes) by a registered or walk-in user, or staff member of Your organisation (“User”), You:
(i) shall act as an agent of the British Library in distributing Copies made by Us to Users. For the avoidance of doubt, this does not constitute a commercialrelationship under the Commercial Agents Regulations 1993;
(ii) acknowledge and agree that all Copies are supplied to the User c/o of You, and not to Your organisation;
(iii) will obtain from such User a declaration substantially in accordance with the Act’s current Regulations (a current version of the declaration is available atEnglish language declaration form or from Customer Services) .
(iv) shall retain any declaration obtained in accordance with clause 3.4 (iii) for a period of six years, plus the current year. You shall permit Us, and/or anyauthorised representative of these on reasonable notice to inspect the declaration forms. We shall be permitted to conduct “spot checks” of declaration forms randomly and, if applicable, on the basis of reported suspected abuses; and
(v) shall ensure that neither You (nor the User giving such declaration) will copy, scan, store electronically or further sell such Copy, unless the item is under an open licence, You have a separate licence or agreement with the rights holder or an appropriate licensing body that specifically permits this, or further copying is allowed under statute.
3.5 You acknowledge that, if You do not comply with the requirements set out in Clause 3.4, You will be deemed to be in breach of these Terms and Conditions and You may be liable for any costs or damages suffered by Us as a consequence of such non-compliance.
3.6 To be eligible for the supply of Copies under sections 41 (Copying by librarians: supply of single copies to other libraries) and 42 (Copying by librarians: replacement copies of works) of the Act Your organisation must be a library, archive, museum or gallery that is NOT conducted for profit, and You agree to accept liability for any claims of infringement of copyright, intellectual property or any other proprietary right arising from Your request.
3.7 Sections 45-50 of the Act (copies made for the purposes of public administration including, but not limited to, judicial or statutory proceedings or for the purposes of a Royal Commission): You agree to accept liability for any claims of infringement of copyright, intellectual property or any other propriety right arising from Your request for a Copy under this clause 3.7.
3.8 The current Regulations under the Act do not permit Us to supply Copies that are required for commercial purposes. This restriction applies to ALL users of the Library Privilege Photocopy Service.
4. Electronic Document Delivery
4.1 Unless You have the express permission of the Rights holder or their agent, You undertake that any Copies delivered by any electronic method (including facsimile transmission) will not be copied, processed, manipulated or retransmitted other than to enable a single copy on paper to be printed. In addition, You must ensure that all electronic versions of the Copy are deleted after successful printing unless specifically indicated otherwise on any message accompanying the Copy.
4.2 If You request a Copy for the purposes of copying, processing, manipulation or retransmission, You acknowledge that You have obtained the necessary permission from the Rights holder or their agent, and that You hereby agree to indemnify Us against any claim, or alleged claim, of infringement from the Rights holder or their agent in the event that such permission has not been obtained. It is Your responsibility to ensure that You have the necessary permission before requesting a Copy.
5. The Loan Service
5.1 We reserve the right to refuse loan applications.
5.2 The Loan Service is offered solely to organisations and not individuals.
5.3 You accept that compensation may be charged by Us, which may include an administration charge as well as the full cost of repairing or replacing the item, for
5.3.1 items damaged whilst on loan to You; such damage includes the defacing of pages, removal of pages or inserts, the tearing or cutting of pages or any other form of defacement or damage to Our original items in any way; and
5.3.2 items lost from the time of receipt by You until safe return into Our custody.
5.4 When items are used by Your users it should be in accordance with Your normal regulations for the use of original items unless We stipulate any special regulations, with which both You and Your user must comply.
5.5 If you are situated outside the United Kingdom, You must:
5.5.1 not make any requests to Us that would contravene customs regulations when We supply the item to You;
5.5.2 use the fastest method available (airmail should be used whenever possible) and should ensure adequate packaging, clear labelling (in accordance with any customs regulations) and adequate insurance when returning the item to Us.
6. Problems with Supply
6.1 Any fault (including, but not limited to, missing pages, poor quality or wrong item) must be notified to us as follows:
6.1.1 for a Copy supplied by electronic means, You must notify Us within 28 days of the date that we notify You that the Copy is available; or
6.1.2 for a Copy supplied in printed form or a loan item, You must notify Us within 28 days of receipt.
7. Supply and Payment
7.1 In consideration of Your payment of the charges as listed under “Copy Services” at http://www.bl.uk/reshelp/atyourdesk/docsupply/help/pricing/index.html (“Charges”), We will provide You with the Services. In the event that the item You require is unavailable or cannot be supplied as You have specified, We will inform You.
We reserve the right to:
7.1.1 refuse any request for the Services; and
7.1.2 not dispatch items to an address other than Your registered address.
7.2 We will be responsible for the payment of all copyright fees paid by You to Us to Rightsholders or their agents. Such copyright fees shall relate to the supply of a single Copy only by Us to You, and shall be shown separately by Us on each invoice or statement we supply to You.
7.3 You shall pay any invoice for the Services within thirty days of invoice date. In the event that any such invoice remains unpaid after the said thirty day period, we may:
7.3.1 charge interest at the rate prescribed by the law relating to these Terms and Conditions; and/or
7.3.2 take action to recover the outstanding amount and interest, together with any costs incurred; and/or
7.3.3 suspend the provision of the Services until payment in full has been received.
7.5 All Charges are exclusive of any relevant local taxes including, but not limited to, value added tax and/or any import or export tax.
8.1 We will indemnify you in respect of all reasonable and proper legal costs, expenses and damages (and ex gratia payments made with Our prior written consent) against any claim in writing that any Copy supplied through the Copyright Fee Paid Photocopy Service is an infringing Copy, provided that:
8.1.1 You inform us in writing within 10 working days of receiving such a claim;
8.1.2 You have not modified the supplied Copy in any way nor removed the copyright notice attached to such Copy by Us;
8.1.3 the action has not arisen as a result of any action, neglect or omission on the part of You;
8.1.4 You have not made any admission, offer, promise, payment or indemnity on Our behalf without Our prior written consent;
8.1.5 You are not in breach of these Terms and Conditions;
8.1.6 Services to You had not been suspended by Us at the time of the claim;
8.1.7 We are given immediate and complete control of the action, together with the right, at Our option, to defend any claim and/or make settlement in respect thereof; and
8.1.8 You give such assistance as We may reasonably require, at Our cost, to settle or oppose the action.
The above indemnity does not apply to any Copies supplied from out of copyright items, for which no copyright fee will be charged.
8.2 To the fullest extent permitted by law:
8.2.1 We shall not be liable to You for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages;
8.2.2 no responsibility is assumed by Us for any injury and/or damage to persons or property as a matter of product liability, negligence or otherwise, or from any use or operation of any methods, products, instructions or ideas contained in any Copy supplied by Us under these Terms and Conditions.
8.3 The express terms of these Terms and Conditions are in lieu of all warranties, conditions, undertakings, terms and obligations implied by statute, common law, trade usage, course of dealing or otherwise including but not limited to any implied warranties of merchantability or fitness for any particular purpose all of which are hereby excluded to the fullest extent permitted by law.
8.4 Nothing in these Terms and Conditions shall exclude or limit either party’s liability for:
8.4.1 death or personal injury resulting from the negligence of either party or their servants, agents or employees; or
8.4.2 fraud or fraudulent misrepresentation;
9.1 We may suspend or terminate Your access to the Services without prior notice if:
9.1.1 You are in breach of any of these Terms and Conditions or any revised Terms and Conditions that We may from time to time impose; or
9.1.2 You become unable to pay Your debts as they fall due.
9.2 Any suspension or termination of the Service under clause 9.1 shall:
9.2.1 be without prejudice to:
(i) any claim which We may have against You or any third party for any loss or damage sustained by Us as a result of any such breach by You; and
(ii) any sums already paid or then due or payable; and
(iii) any other rights accrued hereunder; and
9.2.2 shall not affect obligations which are expressed not to be affected by expiry or termination hereof.
For the purposes of these Terms and Conditions, “Confidential Information” means information which is not generally known to the public and is or should be reasonably understood to be confidential or proprietary to the disclosing party, including without limitation information which it may be necessary or appropriate for a party to disclose to any other and will include any financial, technical, operational or business information, in whatever form, which the disclosing party considers proprietary relating to its business dealings.
10.1 Subject to clause 11 each party agrees that it will, and will procure that its officers, employees, agents and sub-contractors will, keep strictly confidential the Confidential Information and will not use the Confidential Information of the other party other than for the performance of its obligations under these Terms and Conditions. Confidential Information shall not include, and the foregoing obligations of confidentiality and non-use shall not apply to, any information or data which the receiving party is clearly able to demonstrate:
10.1.1 is now or becomes part of the public domain or the subject of public knowledge through no fault of the receiving party;
10.1.2 was lawfully in the receiving party’s possession and known to it without restriction as to its use prior to receipt hereunder;
10.1.3 comes into the possession of the receiving party by or through the action of a third party otherwise than in breach of a legal obligation of confidentiality to the other party to these Terms and Conditions;
10.1.4 is independently generated by the receiving party without use of or reference to information or data received hereunder.
10.2 Subject to clause 11, each party shall limit access to the Confidential Information of the other party to those of its officers, employees, agents and sub-contractors who have a need to know such information in connection with the Services.
10.3 Nothing in this clause 10 shall prevent Us from complying with Our duty to the Rights Holders:
10.3.1 to inform Rights Holders that We have entered into these Terms and Conditions with You (but without revealing any of the terms thereof);
10.3.2 on the first days of January, April, July and October, to give details to Rights Holders of the aggregate number of documents supplied under the terms of these Terms and Conditions during the previous quarter;
10.3.3 to the extent permitted by the Data Protection Act 1988, to share with the Rights Holder information relating to orders placed by You,
and You acknowledge and accept that Our compliance with Our duty to Rights holders does not constitute a breach of this clause 10.
10.4 The obligations of the parties relating to the Confidential Information shall survive termination or expiration of these Terms and Conditions howsoever occasioned.
11. Freedom of Information
11.1 You acknowledge that We are subject to the requirements of the UK Freedom of Information Act 2000 (“the Act”), and shall provide all necessary assistance as reasonably required by Us to enable Us to comply with the Act. You agree to provide any such assistance to Us within five working days of any request made by Us under this clause 11.1.
11.2 We shall endeavour to consult with You should the disclosure of information relating to these Terms and Conditions be requested under the provisions of the Act. However, You acknowledge that We shall be responsible for determining, at Our absolute discretion, the scope of any information to be disclosed and whether any exemption should apply, and You agree to comply with any such decisions taken by Us.
12. Entire Agreement
12.1 These Terms and Conditions:
12.1.2 constitute the entire agreement between You and Us relating to the Services, and shall supersede any and all prior or collateral agreements, negotiations, notices of intention, communications, understandings and representations, whether written or oral; and
12.1.3 take precedence over any terms and conditions which appear in Your purchase order or other related documents.
13. Applicable Law and dispute resolution
13.1 These Terms and Conditions shall be governed by and construed in accordance with English law. We will attempt in good faith to resolve any dispute or claim arising out of or relating to this Agreement promptly by negotiation with You. If the matter is not resolved by negotiation the matter may be referred to mediation in accordance with Centre for Dispute Resolutions (“CEDR”) Model Mediation Procedures. To initiate mediation either We or You shall give notice in writing (an “ADR Notice”) to the other party, requesting mediation. If there is any point on the conduct of the mediation upon which the parties cannot agree within 14 days of the date of the ADR Notice CEDR will, at the request of either of them, decide that point for the parties having consulted them. The mediation will start not later than 28 days after the date of the ADR notice. If the dispute has not been settled by mediation within 3 months from the date of the ADR Notice either party may then commence court proceedings and each Party hereby submits to and agrees that the sole jurisdiction and venue for any actions that may arise under or in relation to the subject matter hereof shall be the English courts.
13.2 Any translation of these Terms and Conditions into a language other than English is solely for the purpose of explaining the terms and conditions of use. You agree that:
13.2.1 the English language version is the version that governs any transaction under these Terms and Conditions; and
13.2.2 a version in any other language cannot be used to explain or construe any terms, should there be any dispute between You and Us.
14.1 You shall not assign, transfer, nor sub-contract any of Your rights or obligations under these Terms and Conditions without Our express prior written consent.
14.2 Failure or neglect by either party to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of that party’s rights hereunder nor in any way affect the validity of the whole or any part of these Terms and Conditions nor prejudice that party's rights to take subsequent action.
14.3 In the event that any term or condition in these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
14.4 We shall not be liable for any breach of Our obligations hereunder resulting from causes beyond our reasonable control including but not limited to failure of any telecommunications or other delivery system, fires, strikes (of our own or other employees), insurrection or riots, embargoes, requirements or regulations of any civil or military authority including compliance with any law, court or governmental order, rule, regulation or direction or any action taken by a government or public authority.
14.5 The obligations of the parties under Clauses 7.2, 7.3, 8, 10 and 11 hereof, together with such other clauses as may reasonably be construed as surviving termination, shall survive the termination of these Terms and Conditions.
The British Library