Date of version: November 2018
Please note that we may change these Terms from time to time without notice so you should review them each time that you use our Services to ensure you understand the terms which will apply at that time. You should print a copy of these Terms for future reference.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES.
IF YOU ARE UNDER 16 YEARS OF AGE, PLEASE BE SURE TO READ THESE TERMS WITH YOUR PARENTS OR GUARDIAN.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD'S REGISTRATION FOR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF THEIR USE OF THE SERVICES.
By using the Services, you indicate that you have read and accept these Terms and agree to abide by and be bound by all such Terms. If you do not accept all applicable Terms, please refrain from using the Services.
We draw your attention to the limitations on liability contained in clause 10 below and to the consents to data transfer and processing contained in clause 9 below.
- About Us
- Contacting Us
- Using the Services
- Access Codes
- Third Party Content
- Intellectual Property Rights
- Your Personal Information
- Our Liability
- Maintenance of the Services
- Jurisdiction and Applicable Law
1 About Us
The Services are provided by Macmillan Education Limited, a company registered in England under company number 1755588 with a registered office at The Campus, 4 Crinan Street London, N1 9XW United Kingdom, VAT number 199 4406 21 (“we”, “us”, “our“).
2 Contacting Us
- You can contact us by following the instructions found on the “Help” page on our websites.
- 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 firstname.lastname@example.org. 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 Services;
- 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.
3 Using the Services
- If you are under 16, your parent/guardian/teacher must register you for the Services. We reserve the right to seek any form of verifiable parental consent as we believe appropriate at any time.
- Access to the Services is permitted on a temporary basis for the period of time authorised by us and we reserve the right to withdraw or amend the Services we provide without notice. We will not be liable or responsible if for any reason any or all of the Services are unavailable at any time or for any period.
- Use of the Services 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 (as specified in the Help/FAQs section) may be required for certain transactions or features and to download products. You agree that these requirements, which may change from time to time, are your responsibility.
- We may update the Services from time to time, and may change the content at any time. Please note that any of the content made available via the Services 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 via the Services for educational purposes only. You may access the Services from within your institution or any other computer, including at home, for use in lessons, seminars, homework, individual study and any other reasonable pedagogic purpose. You must not use or allow others to access or use, all or any part of our Services or the contents and/or applications made available via the Services for commercial purposes without our permission.
- You must not otherwise alter, adapt or reverse engineer any part of the Services.
- 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 Services or in any way seek to commercialise all or part of the combination of materials which together constitute the Services;
- distribute, transmit, syndicate, sell or offer to sell or otherwise make available any content, files, feeds or data from the Services, whether publically available or not, except as specifically permitted by the Services and in compliance with any applicable conditions or restrictions; or
- copy, download, or store any content, files, feeds or data from the Services, 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 via the Services 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, products, applications, services and any other resources may be removed from the Services 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, products, applications, services or resources via the Services.
- You are solely liable and responsible for any third-party charges incurred by you in accessing and using the Services, including in particular any network charges for fixed or mobile internet use.
- You may download the specified number of copies of products indicated via the Services as being available for this purpose for personal use or for pedagogical purposes with a class of students within an educational institution. You understand and agree that such products are made available for download by way of a non-exclusive, revocable and personal license only. We do not transfer title to such products to you and this license shall not be considered a “sale” of the content. You own the media on which the products are recorded, if any, but we retain full and complete title to the products (whether on any fixed media or otherwise). You may not:-
- copy (save as expressly provided in these Terms), redistribute, sell, rent, lease, transfer or sublicense the products;
- circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the products are wrapped or otherwise associated with;
- edit, modify, translate or create derivative works or adaptations of the products;
- decompile copy, reproduce, reverse engineer or disassemble the products (other than to the extent permitted under applicable law); or
- operate the products from a network or mainframe system unless with our prior written consent. Your licence to use the products automatically terminates if you fail to comply with any provisions of this license.
- In the event that we offer downloads of software via the Services and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, non-commercial home use only or, if expressly authorised, for pedagogical purposes with a class of students within an educational institution. We do not transfer title to the Software to you. Except as permitted under applicable law, you may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. Except as provided for in this licence, you may not copy, modify, network, rent, lease, or otherwise distribute the Software; nor can you make the Software available by “bulletin boards,” on-line services, remote dial-in, or network or telecommunications links of any kind; nor can you create derivative works or any other works that are based upon or derived from the Software in whole or in part. You must treat the Software like any other copyrighted material. You may not copy the Software or the written material accompanying the Software
- You must not attempt to avoid or undermine any protections we put in place for the security and operation of the Services.
- You must not attempt to gain unauthorised access to the Services, the server on which the Services are hosted or any server, computer or database connected to the Services or to attack the Services via a denial of service attack or by any means other than through a normal web browser in the generally-accepted manner, and in accordance with these Terms.
- The intended use of some of our Services is a parent mediated experience. We expect you to supervise your child's use of the Services.
4 Access Codes
You may be required to use a unique access code provided to you to access the products, services and applications made available via the Services. The code can only be used once. If the Services are withdrawn or any products, content or software made available for downloading from the Services are removed, you will not be able to use the code to access the Services and/or any such products, content or software, as applicable.
- You may establish a link to the Services, 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 Services on any other website is not allowed and you must not provide access to the Services or part of them under any other URL.
- We may withdraw your right to link to the Services without notice and at any time (acting in our sole discretion).
- Subject to these Terms you may only include links from the Services to third party websites or webpages if:
- 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 7;
- the content of any linked website or webpages are relevant and clearly related to the Content (as defined in clause 7) to which it is linked; and
- the link will not result in any automatic download.
- Where the Services 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 Services or part of the Services, 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.
- You are responsible for everything done using your registration details. You must not disclose the login details to any other person other than your parent, guardian or teacher. If you think that another person may have access to, or be using, the registration details, you must inform your parent, guardian or teacher immediately.
- We may suspend, terminate or prevent your account and/or your access to any or all of the Services if you are in breach of these Terms or act in a manner which we deem inappropriate or unlawful. 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.
- For the avoidance of doubt, where we suspend, terminate or otherwise prevent your account or your access to the Services, we may continue to publish or use your Content (as defined in clause 7) in accordance with the provisions of these Terms.
- Where a registration is terminated, we will delete all personal data relating to that registration including users’ usernames/passwords and related learning data.
7 Third Party Content
- The Services 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.
- You grant to us a royalty-free, non-exclusive, perpetual, irrevocable license to use, copy, edit, adapt, publish, reproduce, translate, sub-license, create derivative works from, make available, communicate, display, store and distribute your Content (in whole or part) and/or to incorporate it in other works in any form, format, media, or technology now known or later developed (including without limitation in print, digital and electronic form) throughout the world in accordance with the provisions of these Terms. By submitting your Content, you warrant that you have the right to grant this license. To the extent permitted by law, you waive all moral rights in your Content. To the extent that you are unable to waive any such moral rights, you agree not to assert the same.
- It is our sole discretion whether or not we choose to publish or otherwise make available Content on our websites.
- 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 our websites;
- remove your Content at our sole discretion (even if you have not breached these Terms).
- 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; and
- 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.
- By uploading or submitting Content to our websites, you warrant and represent that (subject to the following sentences) you are the sole author of and owner of all proprietary rights in the Content. If the Content includes any material proprietary to a third party, you warrant that you have obtained the permission of such third party owners to use their material in accordance with the provisions of these Terms, including its publication on our websites concerned and the right of visitors to the websites to download the Content, including such third-party material. You further warrant that you have attached all third-party copyright or proprietary notices which you are required to attach.
- You warrant and represent that your Content, and the content of any website from which you include a link to our websites, or to which you post a link from our websites, 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
- it is in breach of these Terms.
- 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 7.
- 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 our websites 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 made available via the Services. Third party content includes, for example, comments, blogs and articles posted by any third parties, the content of advertisements, applications posted by other third parties and content accessed through applications.
8 Intellectual Property Rights
For the avoidance of doubt, we or our affiliated companies are the owner or the licensee of all intellectual property rights in the Services. All such rights are reserved. Our status (and that of any identified contributors) as the authors of content made available by us via the Services must always be acknowledged.
9 Your Personal Information
10 Our Liability
- The provisions of this clause 10 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 Services generally, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.
- The information and material made available via the Services 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 made available via the Services 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 via the Services 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 Services or its content or any products made available via the Services. 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 business; 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 10, we shall not be liable to you if you cannot access the Services 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 Services 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 made available via the Services, or for any use of or reliance on any content made available via the Services.
- Whilst we monitor the Services with a view to locating and fixing defects, you acknowledge and agree that we cannot and do not guarantee that the Services or any individual feature of the Services 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 Services or to your downloading of any content on it, or on any website linked to it.
11 Maintenance of the Services
You acknowledge and agree that from time to time we may need to suspend access to all or a part of the Services while we:
- fix defects and errors in the Services;
- install updates and undertake general diagnosis and maintenance of the Services; and
- undertake emergency maintenance and/or suspend access to the servers, and that as a result of which the Services 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.
14 Jurisdiction and Applicable Law
- 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 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). For our exclusive benefit and to the extent possible in the applicable jurisdiction, we retain the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence or, where the Terms are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these Terms or (if different) the country of your principal place of business.