Date of version: December 2014
Thank you for visiting this website (“Site”).
Please note that we may change these Terms from time to time without notice so you should review them each time that you visit the Site to ensure you understand the terms which will apply at that time. You should print a copy of these Terms for future reference.
We draw your attention to the limitations on liability contained in clause 11 below and to the consents to data transfer and processing contained in clause 9 below.
1 - About us
2 - Contacting us
3 - Using Sites
4 - Linking
5 - Registration
6 - Your Content
7 - Third party content
8 - Intellectual Property Rights
9 - Your personal information
10 - Interactive Services
11 - Our liability
12 - Maintenance of the Site
13 - Severance
14 - Variation
15 - Jurisdiction and applicable law
The Site is operated by Macmillan Education Limited, a company registered in England under company number 01755588 with a registered office at The Campus, 4 Crinan Street, London, N1 9XW, United Kingdom, VAT number GB199440621 ("we", "us", "our").
- You can contact us following the instructions found on the ‘Contact’ page on the Site.
- We respect the intellectual property rights of others, and we request that our visitors do the same. It is our policy to terminate the accounts of users who repeatedly infringe the rights of others. If you think your work has been copied in a manner that constitutes copyright infringement, you may contact us at email@example.com. Please include all of the following in your notification:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work you claim has been infringed;
- a description of where the material you claim is infringing is located on the Site;
- your address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Users, whether or not registered, must be over 12 years of age. If you are under 16, you must first obtain the consent of your parent or guardian to use or register with the Site. We reserve the right to seek any form of verifiable parental consent as we believe appropriate at any time.
- Access to the Site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Site or part of the Site without notice. We will not be liable or responsible if for any reason any or all of the Site is unavailable at any time or for any period.
- Use of the Site requires compatible devices, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended. The latest versions of required software (including, but not limited to, Bluefire Reader and/or Adobe Digital Editions) may be required for certain transactions or features and to download products purchased from the Site. You agree that these requirements, which may change from time to time, are your responsibility.
- We may update the Site from time to time, and may change the content at any time. Please note that any of the content on the Site may be out of date at any time, and we are under no obligation to update it.
- You may view (and, where applicable, listen to and/or watch) the content and applications available on the Site for your own private non-commercial use. You must not use or allow others to access or use, all or any part of our Site or the contents and/or applications on it for commercial purposes without our permission. Use of all or any part of any Site or the contents and/or applications on it for commercial purposes shall be subject to separate terms and conditions and may be subject to a fee.
- From time to time we may restrict access to some parts of the Site, or to the entire Site, to users who have registered with us. You must not otherwise alter, adapt or reverse engineer any part of the Site.
- You must not (whether directly or indirectly):
- distribute, transmit, syndicate, sell or offer to sell or otherwise make available all or any part of the Site or in any way seek to commercialise all or part of the combination of materials which together constitute the Site;
- distribute, transmit, syndicate, sell or offer to sell or otherwise make available any content, files, feeds or data from the Site, whether publically available or not, except as specifically permitted by the Site and in compliance with any applicable conditions or restrictions; or
- copy, download, or store any content, files, feeds or data from the Site, whether publically available or not, to make or populate a database or publication of any kind whatsoever, provided that for the avoidance of doubt this is not intended to restrict copying of an insubstantial part of any such material where you are able to show ‘fair dealing’ with it, in each case in accordance with the Copyright, Designs and Patents Act 1988.
- You may only play video or audio files made available for streaming using the media player on the Site or on the website of one of our licensees who is displaying such material with our authorisation. Where any videos or other materials are displayed through a third-party embedding service you must comply with all applicable conditions of that third party.
- You should be aware that content and resources may be removed from the Site with or without notice at any time and we accept no responsibility or liability for any reliance by you on the continued availability of any content or resources on the Site.
- Whether or not you are a registered user, you must not abuse the Site’s social media and rating facilities (or any similar feature) (such as, without limitation, by making malicious reports).
- You are solely liable and responsible for any third-party charges incurred by you in accessing and using the Site, including in particular any network charges for fixed or mobile internet use.
- You must not attempt to avoid or undermine any protections we put in place for the security and operation of the Site.
- You may establish a link to the Site, provided that:
- the link is legal and not detrimental or damaging to and/or does not take unfair advantage of our reputation or business;
- such linking is not for advertising or promotional purposes (unless we have expressly agreed to it);
- the link is not from any website which promotes any political or religious views, or promotes or depicts intolerance, hatred, discrimination, violence, pornography or illegal activity (websites of any such nature being referred to as an "Unacceptable Forum");
- the link does not falsely or misleadingly imply or suggest that we endorse, approve of or are associated with the linked website, its webpages or any of its contents; and
- framing of the Site on any other website is not allowed and you must not provide access to the Site or part of it under any other URL.
- We may withdraw your right to link to the Site without notice and at any time (acting in our sole discretion).
- the third party website is not an Unacceptable Forum, and the content of or linking to such third party websites or webpages does not breach any of the provisions set out in clause 6.7;
- links are clearly and visibly marked as such;
- the content of any linked website or webpages are relevant and clearly related to the Content (as defined in clause 6) to which it is linked; and
- the link will not result in any automatic download.
- Where the Site and/or applications contain links to other websites, webpages, resources, or mobile services which are proprietary to third parties, other users, advertisers or sponsors, such websites, webpages, resources and mobile services are provided for your information only and you access them at your own risk. We are not liable or responsible for the content or operation of third party websites, webpages, resources or mobile services. You should read any applicable terms and conditions and privacy policies.
- Where you are required to register to use the Site or part of the Site, it is your responsibility to provide accurate and complete registration details and to keep such details up to date. We are entitled to rely on any such registration details you provide to us.
- Unless stated otherwise, each registration is for a single user only and not for multiple users. You must keep your registration details confidential. You are solely responsible for any loss or damage you or we may suffer as a result of your failure to do so.
- Your registration with the Site must be in your own, real, name, not under any false or assumed name and not with any other person’s identity. You must not pretend to be a different person. You must provide a valid email address when you register for the Site. If you provide an email address to us then you warrant to us that you are entitled to receive email to such email address. You also acknowledge and agree that we may stop sending emails to you without prior notification.
- You are responsible for everything done using your registration details. You must not disclose your login details to any other person. If you think that another person may have access to, or be using, your registration details, you must inform us immediately.
- We may suspend, terminate or prevent your account and/or your access to any or all of the Site at our sole discretion. Where we suspend, terminate or prevent your registration, you must not attempt to re-register or submit any content, material or applications without our prior written consent.
- You may terminate your registration at any time by emailing firstname.lastname@example.org.
- The Site may offer you the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation, articles, commentaries, photographs, text, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information ("Content"). You retain ownership of any intellectual property rights that you hold in the Content.
- It is our sole discretion whether or not we choose to publish or otherwise make available Content on the Site.
- For the avoidance of any doubt, you acknowledge and agree that we may:
- continue to publish all or part of your Content even if you change your mind and want us to remove it and/or you are no longer registered with the Site;
- use all or part of your Content in promoting our products and services;
- reproduce your trade marks, trade names, service marks, logos, domain names or other identifying signs or images;
- publish and/or distribute widgets and other applications similar to yours and bearing our or another user's branding or logo without any liability or responsibility to you;
- modify your Content in any way at our sole discretion.
- You acknowledge that we are not responsible for checking, monitoring or moderating any Content and you remain solely responsible for all Content that you upload or submit.
- You warrant and represent that your Content, and the content of any website from which you include a link to the Site, or to which you post a link from the Site, will not be inappropriate. Without limitation, Content (and the content of third-party websites) may be considered inappropriate if:
- it is misleading in any way, and/or it gives a false impression as to its origins or approvals;
- it is defamatory, plagiarised (including plagiarism from your own work), abusive, malicious, threatening, false, misleading, offensive, insulting, discriminatory, profane, harassing, racist, sexist, indecent, obscene, pornographic, hateful or it advocates violence;
- it is in breach of confidentiality or another person’s privacy or other rights, or of any duty owed by you;
- it prejudices any active or pending legal proceedings of which you are aware;
- it contains accusations of impropriety or personal criticism of our personnel, editors or reviewers;
- it infringes any intellectual property rights proprietary to us or any third party;
- it is technically harmful (including Content containing, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct and/or contains any other element which is intended to harm us or any third party, or to carry out or facilitate any fraudulent or dishonest transaction);
- it advertises or promotes any product or service or makes any requests for donations or financial support;
- it is spam or junk content;
- it impersonates another person or otherwise misrepresents your identity, affiliation or status;
- it would be considered a criminal or statutory offence in any jurisdiction, or gives rise to civil liability, or is otherwise unlawful; and/or
- Unless you have our express permission to do so, you must not re-submit any Content or other material or applications which have previously been rejected or removed.
- You shall indemnify us on demand and keep us indemnified against all liabilities, losses, damages, costs, claims and expenses (including any professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach or alleged breach by you of this clause 6.
- You undertake to defend us from and against any claim or action by a third party that the use or possession of any Content submitted or uploaded to the Site by you infringes the intellectual property of such third party ("IPR Claim"), and shall on demand indemnify us and keep us indemnified against all liabilities, losses, damages, costs, claims and expenses (including any professional costs and expenses) suffered or incurred by us arising out of or in connection with any such IPR Claim.
We are not liable or responsible for any third party content on the Site. Third party content includes, for example, comments, blogs and articles posted by any third parties, Content, the content of advertisements, applications posted by other third parties and content accessed through applications.
For the avoidance of doubt, we are the owner or the licensee of all intellectual property rights in the Site. All such rights are reserved. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
- We may from time to time provide interactive services on the Site, including (without limitation) chat rooms, bulletin boards and other forums ("interactive services").
- Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, whether it is moderated and what form of moderation is used (including whether it is human or technical).
- The use of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
- Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
- The provisions of this clause 11 set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of all losses, claims or liabilities arising under or in connection with the Terms or your use of the Site generally, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.
- The information and material contained on the Site is for information purposes only and does not constitute advice. Such information and material may be incorrect or out of date and should not be considered as a definitive or complete statement. You should check any information and material on the Site and use your own judgement before doing or not doing anything on the basis of such information or material. No representations or warranties are given as to the accuracy or completeness of the information or material provided on the Site or any website or webpage to which it is linked.
- Save as expressly provided in these Terms, we make no representations or warranties with respect to the Site or its content or any products made available via the Site. All warranties (express or implied) are hereby excluded to the fullest extent permitted by law.
- Nothing in the Terms excludes or limits our liability
- for death or personal injury caused by our negligence;
- for fraud or fraudulent misrepresentation;
- for breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
- for breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples);
- for defective products under the Consumer Protection Act 1987; or
- for any other liability that cannot be limited by applicable law.
- To the fullest extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude any liability for:
- loss of or corruption to data;
- loss of profit;
- loss of anticipated savings;
- loss of anticipated revenue;
- loss of business;
- loss of opportunity;
- adverse effect on reputation and/or goodwill; or
- any indirect or consequential loss or damage save that for these purposes losses arising as a result of regulatory fines and damage to property shall to the extent arising as a natural consequence of the breach in question not be regarded as indirect or consequential.
- Without prejudice to the generality of the exclusions of liability contained in this clause 11, we shall not be liable to you if you cannot access the Site properly or at all (wholly or partly) or if some of its features are unavailable to you due to events outside our control (including without limitation the performance of any internet service provider, the performance of any internet browser, limitations of the device you use to access the Site and/or any malicious or unintentional harm done by yourself or others).
- We shall have no liability to you for any loss, damage or inconvenience suffered due to the unavailability, withdrawal, corruption or loss of any Content, material or other information or data from or on the Site, or for any use of or reliance on any Content on the Site.
- Whilst we monitor the Site with a view to locating and fixing defects, you acknowledge and agree that we cannot and do not guarantee that the Site or any individual feature of the Site will be error free, be available at all times and/or be free from viruses and defects. We shall not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.
You acknowledge and agree that from time to time we may need to suspend access to all or a part of the Site while we:
- fix defects and errors in the Site;
- install updates and undertake general diagnosis and maintenance of the Site; and
- undertake emergency maintenance and/or suspend access to the servers,
- and that as a result of which the Site may be less accessible or unavailable to you from time to time.
If any court or competent authority finds that any provision of the Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Terms shall not be affected.
We may revise the Terms at any time by amending the page on which the relevant Terms appear. You must check the page of the Site where the Terms appear, from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in the Terms may also be superseded by provisions or notices published elsewhere on the Site, including without limitation in the Terms of Sale.
The law governing the Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of England and Wales.
The courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Terms or its subject matter or formation (including non-contractual disputes or claims). However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
TERMS OF SALE
- How the Contract is formed between you and us
1.1 Our shopping pages will guide you through the steps you need to take to place an Order with us. Our Order process allows you check and amend any errors before submitting any Order to us. Please take the time to read and check your Order at each page of the Order process.
1.2 After you place an Order, you will receive an email from us confirming acceptance of your Order. The Contract between us will only be formed when we send you this Order confirmation.
1.3 If we are unable to supply you with a Product, for example because that Product is no longer available, we will inform you of this by email and we will not process your Order. If you have already paid for the Product, we will refund you the full amount including any delivery costs charged as soon as possible.
1.4 You may only purchase Products from the Site if you are at least 16 years old. If you are over 12 years old, you may purchase the Products but only with the involvement of a parent or guardian.
2.1 The prices of the Products will be as quoted on the Site at the time you submit your Order and are inclusive of VAT. Prices for our Products may change from time to time but changes will not affect any Order you have already placed.
2.2 You can only pay for Products using a debit card or credit card registered to your account and payment will be made via our third party payment service provider subject to their terms and conditions. We accept the cards specified on the relevant pages of the Site.
- Delivery and Customs
3.1 We will confirm details of delivery in the Order confirmation. Please note that delivery times are estimates only. They are not guaranteed delivery times and should not be relied upon as such.
3.2 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by anything in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
3.3 When ordering Products for delivery outside of the EU you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Please note that when ordering from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the Products.
- Cancellation if you are a consumer
This clause 4 only applies if you are a consumer and are based in the EU.
- Right to cancel
4.1 You have the right to cancel this Contract within 14 days without giving any reason. The cancellation period will expire after 14 days from:
in the case of a Contract for a single Product, from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Product; and
in the case of a Contract for several Products which are delivered separately, from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Product.
4.2 To exercise your right to cancel, you must inform us of your decision to cancel this Contract by a clear statement (e.g. a letter sent by post, fax or e-mail) which includes details of your name, address, the order you wish to cancel and where available your phone number and email address. Please see clause 2 for our contact details. You may use the model cancellation form at [LINK], 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.
4.3 If you wish to exercise your right of cancellation, you are obliged to retain possession of the Products and take reasonable care of them.
Effects of cancellation
4.4 If you cancel this 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 Products supplied, if the loss is the result of unnecessary handling by you.
4.5 We will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any Products supplied; or
- (if earlier) 14 days after the day you provide evidence that you have returned the Products; or
- if there were no Products supplied, 14 days after the day on which we are informed about your decision to cancel this Contract.
4.6 We will make the reimbursement using the same method 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 Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
4.7 If you have already received any Product in connection with the Contract, you shall send back the Product(s) to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this Contract to us. The deadline is met if you send back the Product(s) before the period of 14 days has expired. You will have to bear the direct cost of returning the Products. You are only liable for any diminished value of the Product(s) resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- Our rights to cancel
5.1 We may have to cancel a Contract before the Products are delivered, due to an event outside our control or the unavailability of stock. If this happens:
- we will promptly contact you to let you know;
- if you have made any payment in advance for any Product that has not been provided/delivered to you, we will refund those amounts to you;
5.2 We may cancel the Contract for Products at any time with immediate effect by giving you written notice if:
i. you do not pay us when you are supposed to; or
ii. you break the Contract in any other material way and you do not correct or fix the situation within 30 calendar days of us asking you to in writing.
- Other important terms
6.1 We may transfer our rights and obligations under these Terms to other members of our group of companies but this will not affect your rights or our obligations under these Terms.
6.2 Any Contract is between you and us. No other person shall have any rights to enforce any of its terms.