(A) This website (the Site) is operated by Macmillan Education Ltd. Throughout the Site, the terms “we”, “us” and “our” refer to Macmillan Education Ltd. Macmillan Education Ltd offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
(B) By visiting our Site and/ or purchasing something from us (products or services), you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
(C) Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services.
(D) Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
(E) The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
(F) Contact us: questions about these Terms or any suspected copyright infringement should be sent to us at email@example.com.
1. SECTION 1 - ONLINE STORE TERMS
1.1. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
1.2. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
1.3. You must not transmit any worms or viruses or any code of a destructive nature.
1.4. A breach or violation of any of the Terms will result in an immediate termination of your Services with no entitlement to refund (if applicable).
2. SECTION 2 - GENERAL CONDITIONS
2.1. We reserve the right to refuse service to anyone for any reason at any time.
2.2. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
2.3. You must not (whether directly or indirectly):
2.3.1. 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;
2.3.2. 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
2.3.3. 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.
3. CHANGES TO TERMS OF SERVICE
3.1. You can review the most current version of the Terms at any time at this page.
3.2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes.
3.3. Any new features or tools which are added to the current store shall also be subject to these Terms.
3.4. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
4.1. We are not responsible if information made available on this Site is not accurate, complete or current.
4.2. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
4.3. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
4.4. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site.
4.5. You agree that it is your responsibility to monitor changes to our Site.
5.1. 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.
5.2. 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.
5.3. 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.
5.4. 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.
5.5. 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.
5.6. You may terminate your registration at any time by emailing firstname.lastname@example.org.
6. SECTION 6 - PRODUCTS AND SERVICES
6.1. Prices for our products and Services are subject to change without notice.
6.2. We reserve the right at any time to modify or discontinue products or Services (or any part or content thereof) without notice at any time.
6.3. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the products or Services.
6.4. Certain products or Services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
6.5. We try to display the colours and images of our products that appear at the store as accurately as we can. We cannot guarantee that your computer monitor's display of any colour will be accurate.
6.6. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
6.7. We reserve the right to limit the quantities of any products or services that we offer.
6.8. All descriptions of products or product pricing are subject to change at anytime without notice, in our sole discretion.
6.9. We reserve the right to discontinue any product at any time.
6.10. Any offer for any product or service made on this Site is void where prohibited.
6.11. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6.12. This does not affect your statutory rights.
6.13. We reserve the right to refuse any order you place with us, in our sole discretion.
6.14. We may, in our sole discretion:
6.14.1. Limit, refuse or cancel any order you place with us;
6.14.2. limit or cancel orders that may be placed by dealers, resellers or distributors.
6.14.3. limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made.
6.15. These terms incorporate by reference our Returns Policy, as updated from time to time.
7. SECTION 7 – YOUR ACCOUNT AND USAGE
7.1. Use of the Services or the Site requires:
7.1.1. compatible devices,
7.1.2. internet access,
7.1.3. certain software;
7.1.4. periodic updates; and may be affected by the performance of these factors. We strongly recommend you use high-speed Internet access.
7.2. The latest versions of required software may be required for certain Services or features and to download products from the Site. You agree that these requirements, which may change from time to time, are your responsibility.
7.3. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
7.4. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
7.5 You may occasionally print individual pages on the Site for your private non-commercial use, provided that such printing is not substantial or systematic and our trade marks, copyright notices are not removed.
7.6 You may view (and, where applicable to, 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 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.
8. SECTION 8 - OPTIONAL TOOLS
8.1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
8.2. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
8.3. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
9. SECTION 9 - THIRD-PARTY LINKS
9.1. Certain content, products and services available via our Service may include materials from third-parties.
9.2. Third-party links on this Site may direct you to third-party websites that are not affiliated with us.
9.3. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
9.4. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
9.5. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.
9.6. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
10. SECTION 10 - PERSONAL INFORMATION
11. SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
11.1. Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on the Site is inaccurate at any time, without prior notice (including after you have submitted your order).
11.2. We undertake no obligation to update, amend or clarify information in the Service or on the Site, including without limitation, pricing information, except as required by law.
11.3. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on the Site has been modified or updated.
12. SECTION 12 - PROHIBITED USES
12.1. In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content:
- a. for any unlawful purpose;
- b. to solicit others to perform or participate in any unlawful acts;
- c. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- d. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- e. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender or gender identity, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- f. to submit false or misleading information;
- g. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of the Site, other websites, or the Internet;
- h. to collect or track the personal information of others;
- i. to spam, phish, pharm, pretext, spider, crawl, or scrape;
- j. for any obscene or immoral purpose; or
- k. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
12.2. We reserve the right to terminate your use of the Service or the Site for violating any of the prohibited uses.
12.3. 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 via the email above at (F). Please include all of the following in your notification:
12.3.1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
12.3.2. A description of the copyrighted work you claim has been infringed;
12.3.3. A description of where the material you claim is infringing is located on the Site;
12.3.4. Your address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;
12.3.5. 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
12.3.6. 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.
13. SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
13.1. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
13.2. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
13.3. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
13.4. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
13.5. In no case shall Springer Nature Author Services, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
13.6. Nothing in the Terms excludes or limits our liability
- 13.6.1. for death or personal injury caused by our negligence;
- 13.6.2. for fraud or fraudulent misrepresentation;
- 13.6.3. 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);
- 13.6.4. 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);
- 13.6.5. for defective products under the Consumer Protection Act 1987; or
- 13.6.6. for any other liability that cannot be limited by applicable law.
13.7. 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:
- 13.7.1. loss of or corruption to data;
- 13.7.2. loss of business; or
13.8. 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.
13.9. Without prejudice to the generality of the exclusions of liability contained in this clause 12, 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).
13.10. 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.
13.11. 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.
13.12. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Springer Nature Author Services and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
15.1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
15.2. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.
15.3. If in our absolute discretion you fail, or we suspect that you have failed, to comply with any provision of these Terms, we may terminate at any time without notice and you will remain liable for all amounts due up to and including the date of termination; you will have no entitlement to refund; and/or accordingly we may deny you access to our Services, the Site, or any part thereof.
16. GENERAL PROVISIONS
16.1. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
16.2. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
16.3. These Terms and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
16.4. In these Terms, “Force Majeure Event” means an event beyond the reasonable control of a party which does not relate to its fault or negligence.
16.5. Neither you nor we will be responsible for a failure to carry out any obligations under these Terms to the extent the failure is directly caused by a Force Majeure Event, as long as the affected party:
16.5.1. promptly notifies the other party that it has occurred, how long they think it will last and immediately notifies the other party when it has ended; and
16.5.2. takes reasonable steps to prevent, avoid and minimise the effects of the Force Majeure Event.
16.6. Clause 16.5 does not apply to any obligations to make payments due for products or Services.
17. GOVERNING LAW AND JURISDICTION
17.1. These Terms, any separate agreements whereby we provide you Services, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
17.2. You and we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.