Macmillan Education Terms and Conditions

Thank you for visiting Macmillan Education Site (“Site”). These terms and conditions (“Terms”) apply to your use of the Site. The Site is provided by Macmillan Education, a division of Macmillan Publishers Limited, a company registered in England under company number 00785998 with a registered office at Brunel Road, Houndmills, Basingstoke, Hampshire, RG21 6XS, United Kingdom, email help@macmillan.com  ("we", "us", "our"). Our VAT number is GB199440621.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. By using the Site or by clicking a box that states you accept or agree to these terms, you indicate your acceptance of these Terms. If you do not accept these Terms, you may not use the Site. We may change these Terms from time to time so you should review them each time that you visit the Site. You should print a copy of these Terms for future reference.

Index

1.       Using the Site

2.       Access Code

3.       Discontinuance of the Site or certain features of the Site

4.       Linking to the Site

5.       Registration

6.       Your Content – what we are allowed to do

7.       Your Content - what you are not allowed to do

8.       Suspending or terminating your registration

9.    Third party content and links available on the Site

10.     Intellectual Property Rights

11.    Your personal information

12.    Our liability

13.    Maintenance of the Site

14.    Severance

15.    Variation

16.    Jurisdiction and applicable law

1.             Using the Site

1.1          If you are under 14, you must first obtain the consent of your parent or guardian to use or register with the Site. Minors or those with special needs must be accompanied by a parent, a guardian, teacher or legal representative, who will be considered for all actions of the minor. The parent, guardian, teacher or legal representative is required to supervise and restrict access to websites they may consider to be inappropriate for minor and communicate to Macmillan any anomoly in a Site, Macmillan is exempt from responsibility for harm or damage of any nature that may result from personal data supplied by third parties through the portal.

1.2          You may view (and, where applicable, listen to) the content and applications available on the Site for the authorised period and for educational purposes only. You may access the Site 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.

1.3          You may not incorporate any part of the Site into electronic course packs or virtual and/or managed environments (including but not limited to virtual learning environments, managed learning environments, virtual research environments and library environments).

1.4          You may download the specified number of copies of content indicated on the Site as being available for this purpose for personal use or for pedagogical purposes with a class of students within an educational institution, provided that you (a) keep intact all copyright and other proprietary notices, and (b) make no modifications to the content or create any derivative works based on the content, in whole or in part.

1.5          In the event that we offer downloads of software on a Site 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.

1.6          Save as otherwise stated in these Terms, you must not (whether directly or indirectly) reproduce, download, store, distribute, transmit, make available or otherwise exploit all or any part of the Site or any content, products, software, files, feeds or data from the Site.

1.7          You must not attempt to avoid or undermine any protections we put in place for the security and operation of the Site.

1.8          Users, whether or not registered, must not abuse our ‘Report this Comment’ facility such as, without limitation, by making malicious reports.

2.             Access Code

You are required to use the unique access code included within your Student’s Book or Teacher’s Book to register with us and to access the content and applications made available on the Site. The code can only be used once. If the Site is withdrawn or any products, content or software made available for downloading from the Site are removed, you will not be able to use the code to access the Site and/or any such products, content or software, as applicable.

3.          Discontinuance of the Site or certain features of the Site

You acknowledge that the Site and certain products, content, software and applications made available on the Site require administration from us and may be discontinued at any time at our sole discretion. Accordingly, in the event we change or discontinue any part of such administration, you acknowledge that you may no longer be able to use the Site or such products, content, software or applications to the same extent or at all. In no event will we be liable for the removal or disabling of access to the Site or any products, content, software or application made available on the Site.

4.                   Linking to the Site

4.1                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;

·         the link does not falsely imply or suggest that we endorse, approve of or are associated with the linked website, its webpages or any of its contents;

·         the linked website is owned by you; and

·         framing is not allowed and you must not provide access to the Site or part of it under any other URL.

4.2                We may withdraw your right to link to the Site without notice and at any time (acting in our sole discretion).

5.             Registration

5.1          On registration you must provide accurate and complete registration details.  It is your responsibility to update and maintain changes to your registration details using the relevant registration webpages on the Site.

5.2          Each registration is for a single user only. You must keep your registration details confidential. We recommend that you do not select obvious registration details and that you change such registration details regularly.

5.3          You must choose a valid email address which gives you frequent access to emails sent to that address, as we may need to contact you. If you provide an email address to us then you warrant to us that you are entitled to receive email at such email address.

5.4          You must not:

·         impersonate or try to impersonate another person;

·         disclose your registration details to another person;

·         allow another person to use your registration details; and

·         use another person’s registration details.

5.5                You are responsible for everything done using your registration details, even if another person is using your registration details without your knowledge. If you think that another person may have access to, or be using, your registration details, you must tell us as soon as possible by emailing: help@macmillan.com (please include the site name in the subject line).

5.6                We may suspend or change your password if there is a breach of security or misuse of the Site, or if we suspect that this is the case.

6.                   Your Content – what we are allowed to do

6.1                We may publish, check, edit or remove all or part of the comments, posts, user generated content or other material (including without limitation your name and address) (“Content”) which you submit, upload, embed, display, communicate or otherwise distribute on or through the Site.

6.2                By submitting, uploading, embedding, displaying, communicating or otherwise distributing on or through the Site your 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, transmit, display, publicly perform, 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. You warrant and represent that you own or have all necessary rights, licenses, consents and permissions without the need for any payment to any other person or entity, to use and to authorise us to use the Content in all the manners contemplated by these Terms.

6.3                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 your registration with the Site is suspended or terminated;

·                  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;

·                  edit your Content, which may result in a part of it being modified and displayed including without your name; and

·                   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.

6.4                If we have questions about your Content including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.

7.                   Your Content- what you are not allowed to do

7.1                You warrant and represent that the Content will not:

·         be inappropriate. The Content will be considered inappropriate if it is:

Ø  defamatory, plagiarised, abusive, malicious, threatening, false, misleading, offensive, discriminatory, harassing, racist or sexist;

Ø  contains taunts, rudeness, insults, name-calling, indecent suggestions, profanity;

Ø  quotes others out of context to create misleading or negative impressions;

Ø  indecent, obscene or of a pornographic nature; or

Ø  a breach of confidentiality or another person’s privacy,

·         prejudice any active legal proceedings of which you are aware;

·         contain accusations of impropriety or personal criticism of our staff;

·         be likely to: (i) cause someone alarm, anxiety or distress; (ii) incite any other person to breach civil behaviour; or (iii) encourage violence or racial or religious hatred,

·         infringe any copyright, trademarks, patents or other intellectual property rights proprietary belonging to us or any other third party;

·         be technically harmful (including without limitation computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct);

·         offer, advertise or promote any product or service or make any requests for donations or financial support;

·         constitute spam or junk content;

·         impersonate another person or otherwise misrepresent your identity, affiliation or status;

·         encourage or teach conduct that is a criminal offence, gives rise to civil liability, or is otherwise unlawful; or

·         be in breach of these Terms.

7.2                You may only include links on the Site to third party websites or webpages if:

·         the content of or linking to such websites or webpages does not breach any of the provisions set out in clause 7;

·         the terms of use of such websites or webpages allows such linking;

·         links are clearly and visibly marked as such;

·         the content of any linked website or webpages are relevant and clearly related to the Content to which it is linked; and

·         the link will not result in any automatic download.

7.3                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 removed.

7.4                You 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 breach or alleged breach by you of clause 6 or this clause 7.

8.                   Suspending or terminating your registration

8.1          You may terminate your registration at any time by emailing help@macmillan.com (please include the sitename in the subject line) and discontinuing use of the Site.

 

8.2          We may suspend, terminate or prevent your registration at our sole discretion including without limitation if you are in breach of any of these Terms.

8.3          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.

 

9.                Third party content and links available on the Site

9.1            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 other third parties, the content of advertisements, applications posted by other third parties and content accessed through applications.

9.2            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.

9.3            If you see something which you reasonably believe breaches these Terms, please use the relevant 'Report this Comment' facility. If there is no such facility available, please contact us by emailing help@macmillan.com (please include the site name in the subject line).

10.                Intellectual Property Rights

We are the owner or the licensee of all copyright, database rights, trademarks and other intellectual property rights in the Site. All such rights are reserved.

11.                Your personal information

We will use your personal information in accordance with our Privacy Policy and Cookies Policy, which form part of these Terms. Please read our Privacy Policy and Cookies Policy now.

12.                Our liability

12.1            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 of fact. You should check any information and material on the Site and use your own judgment before doing or not doing anything on the basis of such information or material. We make no representations or warranties with respect to the Site or its content. All warranties (express or implied) (including without limitation the implied warranties of satisfactory quality and fitness for purpose relating to the Site and/or its content) are hereby excluded to the fullest extent permitted by law. 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.

12.2            Subject to clause 13.5 below, we shall not be liable for:

·                     any action you may take as a result of relying on any information provided on the Site or for any loss or damage suffered by you as a result of you taking this action;

·                     any dealings you have with third parties that take place using or facilitated by the Site;

·                  any indirect, special or consequential losses, loss of income or revenue, loss of anticipated savings, loss of profit, loss of goodwill or loss of business reputation or any loss of data suffered by you;

·                     the deletion, loss, corruption or failure to store any of your Content maintained or transmitted by or through the Site;

·                     your failure to provide us with accurate information;

·                     your failure to keep your registration details secure and confidential;

·                      any loss or inconvenience suffered due to the unavailability or withdrawal of any content, material or other information from the Site.

12.3          Whilst we monitor the Site with a view to locating and fixing defects, you acknowledge and agree that we cannot 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.

12.4        We will not be liable or held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control (which shall include without limitation the performance of any internet service provider, the performance of any internet browser or limitations of the device you use to access the Site).

12.3            Nothing in these Terms will affect any liability we may have for death or personal injury arising from our negligence, fraudulent misrepresentation or any other liability which cannot be excluded or limited by law.

13.                Maintenance of the Site

You acknowledge and agree that from time to time we may need to:

·                  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.

14.                Severance

If any court or competent authority finds that any provision of these 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 these Terms shall not be affected.

15.                Variation

We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Site.

16.                Jurisdiction and applicable law

16.1            These 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 law of England and Wales.

16.2            The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these 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 these 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.