Terms and Conditions

TERMS OF THE Journal of Global Surgery (ONE)

This these are the terms (“terms”) for the Journal of Global Surgery (ONE) (“the Journal”) and the Website (https://jogs.one) which is run and provided by One.Surgery (“we, us and our”).

Section 1: General

1.1 These terms and conditions apply to the website, whether viewing, registering, or logging on to use the service of the Journal.

This website comprises a suite of online tools to create, verify, prepare, authenticate and distribute peer reviewed manuscripts.

1.2 Access to many of the tools are dependent upon your account being verified. Once you have registered with the Website, access to it is also dependent upon use of your authorized password.

1.3 Please read these terms and conditions carefully as they govern our relationship with you in relation to the Website. If you have any questions about them or do not wish to accept them, please contact us at the helpdesk. By using the Website, you accept these terms and conditions.

1.4 We may change these terms and conditions at any time by updating this page. However you should also check this page annually to review these terms and conditions to ensure you are happy with any changes.

1.5 You must not misuse the Website, including, without limitation, by hacking into it and including as explained in sections 3 and 4 of these terms and conditions.

1.6 These terms and conditions are between you and the overall entity of the Journal, a non-profit platform to advance the provision of safe surgery worldwide.

1.7 Please note that you and the Website will be data controllers in common in respect of any personal data or sensitive personal data relating to any third party and submitted by you on this website. Your obligations as Data Controllers are set out at in our privacy policy. You must read these carefully and contact us using the details in section 2 if you are unsure about these obligations.

Section 2: Contacting Us

2.1 You can contact us by email via the helpdesk portal.

Section 3: Security and access

3.1 By accessing the Website we assume that you are properly authorised to do so and once proceeding beyond these terms and conditions to log in to the restricted access area that you have been granted a valid password by us and are properly authorised by us to do so.

3.2 If you have accessed the Website but are not authorised to do so, you must not proceed further and must inform us as soon as possible so that we can deal with any maintenance or security issues as soon as possible.

3.3 In using the Website you must:

3.3.1 not input or post to the Website (except as permitted by section 12) any confidential information, third party Personal Data (especially Sensitive Personal Data) and in particular patient identifiable confidential medical data that has not ethical review standards;

3.3.2 not disclose any information, nor act in breach of any relevant employment contract or similar in relation to your position, and/or any related policy or policies or in breach of any other agreement;

3.3.3 not disclose any ideas, materials, or works which you wish to keep confidential, or do or may wish to protect or obtain intellectual property protection for in the future.

3.4 You hereby grant to us a license to use all information that you post or input to the Website for the purpose of product development and statistical analysis.

3.5 You must keep your password and your secure log on details confidential and secure. You must not share them with anyone else nor allow any other person to access this part of our website using your details. They are for use solely by you, in accordance with these terms and conditions and not otherwise.

3.6 You must update or otherwise change your password and/or other log on details whenever required by us.

3.7 You must notify us as soon as reasonably practicable if you lose, or forget your secure password and/or other log on details.

Section 4: Information you provide on this website

4.1 You must not post to, transmit to, or input into the Website any material:

4.1.1 which is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, blasphemous, menacing or harassing;

4.1.2 that is in breach of copyright, breach of confidence, breach of privacy or breach of contract or licence, or without licence or necessary authority;

4.1.3 which is untrue or misleading (including providing incorrect information on operations or procedures allegedly carried out by you);

4.1.4 which is unlawful or illegal in the jurisdiction where you are using the Website;

4.1.5 which is technically harmful (including without limitation, computer viruses, worms, Trojan horses, logic bombs, corrupted data or other harmful or malicious software and/or data); and/or

4.1.6 which amounts to Sensitive Personal Data save as permitted by section 12 nor hack into the website in whole or part, nor attempt to affect the website and/or its operation by any denial of service attack or similar or comparable act or omission.

4.2 We are entitled fully to co-operate with any law enforcement agency or authority or investigation, in this regard, including by identifying you and supplying your details where it reasonably appears to us to be relevant.

4.3 We reserve our right to shut down or suspend access to, the use of or operation of all or any of the Website facilities in whole or part, whether limited to your use of the Website or otherwise, in the event that we know of or suspect a breach of these terms and conditions.

Section 5: Your use of this website and intellectual property rights

5.1 We have made the Website available to you for your own non-commercial use. We may modify, withdraw or deny access to the Website at any time. In relation to substantial changes, where this relates to areas for which you are currently dependent upon the Website, we will try to give you as much reasonable notice of the proposed change(s) as practicable.

5.2 The Website and all the materials contained in it are protected by intellectual property rights, including copyright, and either belong to us or are licensed to us to use. Materials include, but are not limited to, the design, layout, look, appearance, graphics and documents on the website, as well as other content such as articles, stories and other text. However, certain materials, including manuscripts that have become open access and published on the platform, with be clearly assigned a CC0 copyright status.

5.3 You may not copy, redistribute, republish or otherwise make the materials on the Website available to anyone else for a commercial purpose without our prior consent in writing, save that you can download them to make a copy for personal use or study only and otherwise as permitted by section 5.4 below.

5.4 You may print or download materials from the Website for non-commercial use or copy the content to other individuals for their personal use or study provided that:

5.4.1 no materials are modified in any way;

5.4.2 no graphics are used separately from accompanying text;

5.4.3 our copyright notices appear in all copies and you acknowledge this website as the source of the material; and

5.4.4 the persons to whom you provide these materials are made aware of these restrictions.

5.5 No licence is granted to any user to make use of the Website’s name and/or logo, without our prior written consent.

Section 6: Our liability to you

Our liability to you

6.1 These terms and conditions do not exclude our liability (if any) to you for:

6.1.1 personal injury or death resulting from our negligence;

6.1.2 fraud;

6.1.3 any matter which it would be illegal for us to exclude or to attempt to exclude our liability.

6.2 We do not guarantee that the Website will be compatible with all or any hardware and software which you may use. The Website is designed for use with a particular level of hardware and software, details of which can be found at ‘Help’ in the Website but we do not guarantee that the use of such hardware and/or software will ensure the proper and complete operation of the Website. We do not guarantee that this Website will be available all the time or at any specific time. We reserve the right to withdraw or modify the Website at any time.

6.3 To the fullest extent permitted by law, we shall not be liable, including for any indirect, special or consequential loss or economic damage (such as without limitation loss of bargain, profit, data, reputation, placement, position, learning agreement, resultant losses or otherwise), and whether in contract, tort, or otherwise, arising out of the use of the Website or the reliance on any of the information displayed on it.

Section 7: Information we provide on this website

7.1 The information contained on the Website is given for general information and interest purposes only. Whilst we try and ensure the information contained on the Website is accurate and up to date, we cannot be responsible for any inaccuracies in the information. We make no representation, nor make any warranty, about the accuracy or effectiveness of any information displayed or depicted. Users of the Website must make their own assessment of the potential effectiveness of any such information. As a result, you should not rely on this information, and we recommend that you take further advice or seek further guidance before taking any action based on the information contained on this Website. Our liability to you as explained above remains unaffected by this.

Section 8: Linking

8.1 We may link to other websites which are not within our control. When we do this, we will try and make it as clear as possible that you are leaving the Website. We are not responsible for these websites in any way, and do not necessarily endorse them. It is your responsibility to check the terms and conditions and privacy policy on any other website which you visit.

8.2 You may not link to the Website from another website without our prior consent in writing.

Section 9: Contracting online

9.1 Nothing on the Website is intended to be nor should be construed as an offer to enter into a contractual relationship with you or anyone else, except for these terms and conditions which govern the relationship between us in relation to your use of the Website.

9.2 If you make a contract with a third party who is named or referred to on the Website, it is your responsibility to ensure that you are comfortable with the terms of that contract and to take legal advice if necessary.

Section 10: Governing law and jurisdiction

10.1 The formation, existence, construction, performance, validity and all aspects whatsoever of these terms and conditions or of any term of these terms and conditions will be governed by the law of England and Wales.

10.2 The English and Welsh courts will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the Website.