Date of version: 16 December 2019
Thank you for visiting this website (“Site”). These Terms of Use (“Terms”) apply to your use of the Site and any services, products or applications made available to you via the 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.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE.
BY ACCEPTING THESE TERMS AND CONDITIONS, YOU CONFIRM THAT, WHERE THE APPLICABLE DATA PROTECTION LAW REQUIRES TO OBTAIN CONSENT, THAT YOU HAVE OBTAINED SUCH VALID CONSENT FROM THE USER AND/OR THE PARENT/GUARDIAN OF THE USERS OF THIS SITE WHO ARE UNDER THE AGE OF 16. WE RESERVE THE RIGHT TO CONTACT THE SCHOOL/COLLEGE TO REQUEST EVIDENCE OF SUCH CONSENT AND TO CANCEL YOUR ACCOUNT IF THE APPROPRIATE EVIDENCE IS NOT PROVIDED.
By using the Site, 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 Site.
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.
1 About Us
2 Contacting Us
3 Using Sites
4 Access Codes
5 Linking
6 Registration
7 Third Party Content
8 Intellectual Property Rights
9 Your Personal Data
10 Our Liability
11 Maintenance of the Site
12 Severance
13 Variation
14 Jurisdiction and Applicable Law
1 About Us
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”).
2 Contacting Us
2.1 You can contact us at help@macmillaneducation.com.
2.2 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 help@macmillaneducation.com.
Please include all of the following in your notification:
2.2.1 A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2.2.2 a description of the copyrighted work you claim has been infringed;
2.2.3 a description of where the material you claim is infringing is located on the Site;
2.2.4 your address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;
2.2.5 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
2.2.6 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.
3 Using the Site
3.1 You shall not allow anyone other than your authorised administrators, authorised teachers and authorised students to access or use the Site (“users”). Before allowing any user to access or use the Site, you will ensure that the user agrees to comply with these Terms and that such user’s personal data may be used as contemplated by these Terms, the Privacy Policy and the Cookie Policy. You will at our request terminate the right of any user to use the Site and any services, products or applications made available via the Site who has breached these Terms or acted in a manner that we deem inappropriate or unlawful.
3.2 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.
3.3 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 (as specified in the Help/FAQs section of the Site) may be required for certain transactions or features and to download products from the Site. You agree that these requirements, which may change from time to time, are your responsibility.
3.4 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.
3.5 You may view (and, where applicable, listen to and/or watch) the content and applications available on the Site 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. 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.
3.6 You must not otherwise alter, adapt or reverse engineer any part of the Site.
3.7 You must not (whether directly or indirectly):
3.7.1 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;
3.7.2 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
3.7.3 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.
3.8 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.
3.9 You should be aware that content, products, applications, services and any other 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, products, applications, services or resources on the Site.
3.10 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.
3.11 You may download the specified number of copies of products 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. 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:- (i) copy (save as expressly provided in these Terms), redistribute, sell, rent, lease, transfer or sublicense the products; (ii) 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; (iii) edit, modify, translate or create derivative works or adaptations of the products; (iv) decompile copy, reproduce, reverse engineer or disassemble the products (other than to the extent permitted under applicable law); or (v) (iii) 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.
3.12 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 thirdparty 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.
3.13 You must not attempt to avoid or undermine any protections we put in place for the security and operation of the Site.
3.14 You must not attempt to gain unauthorised access to the Site, the server on which the Site is hosted or any server, computer or database connected to the Site or to attack the Site 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. By breaching the provisions of this clause, you may be committing a criminal offence. We shall report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them and your right to use the Site shall immediately and automatically cease.
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 on the Site. The code can only be used for the specified number of users.
5 Linking
5.1 You may establish a link to the Site, provided that:
5.1.1 the link is legal and not detrimental or damaging to and/or does not take unfair advantage of our reputation or business;
5.1.2 such linking is not for advertising or promotional purposes (unless we have expressly agreed to it);
5.1.3 the link is not from any website which promotes any political or religious views, or promotes or depicts intolerance, hatred, discrimination, violence or illegal activity or which may be regarded as offensive (websites of any such nature being referred to as an “Unacceptable Forum”);
5.1.4 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
5.1.5 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.
5.2 We may withdraw your right to link to the Site without notice and at any time (acting in our sole discretion).
5.3 Subject to these Terms you may only include links on the Site to third party websites or webpages if:
5.3.1 the third party website is not an Unacceptable Forum;
5.3.2 the terms of use of such websites or webpages allows such linking;
5.3.3 links are clearly and visibly marked as such;
5.3.4 the content of any linked website or webpages are relevant and clearly related to the content to which it is linked; and
5.3.5 the link will not result in any automatic download.
5.4 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.
6 Registration
6.1 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.
6.2 You are responsible for everything done using your registration details and/or the registration details of your users. You must not disclose the login details to any other person. If you think that another person may have access to, or be using, the registration details, you must inform us immediately.
6.3 We may suspend, terminate or prevent your account and/or your access to any or all of the Site and any services, products or applications made available to you via the Site if you or any user is in breach of these Terms or acting in a manner that we deem inappropriate or that is 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.
6.4 Where a registration is terminated, we will delete all personal data relating to that registration including users’ usernames/passwords and related learning data, unless you instruct us to do otherwise.
7 Third Party Content
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, 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 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.
9 Your Personal Data
9.1 For the purposes of this section, the terms “controller”, “personal data” and “processing” shall have the meanings given to them in the General Data Protection Regulation 2016/679 (“GDPR”). In addition to these Terms, please read the Privacy Policy and Cookies Policy [https://www.macmillanenglishcampus-lms.com/ACE/PrivacyPolicy] carefully as it governs our collection and use of personal data about your users (“your personal data”).
9.2 You acknowledge that we may process data (including your personal data) in connection with the provision of services, products or applications by us.
9.3 You acknowledge and confirm that we and you are independent controller of your personal data and that both of us will individually determine the purposes and means of processing with regard to your personal data.
9.4. You further confirm that you will obtain and maintain all appropriate permissions and valid consents, where required under all applicable data protection laws, in order to permit the processing of your personal data in connection with the Site and the services provided by us. In case such consent is legally required you will:-
9.4.1 maintain a record of all consents obtained from user and/or parent/guardian, including the time and date on which the respective consent was obtained, the information presented to the user/parent/guardian in conjunction with obtaining the consent and all withdrawals of consent;
9.3.2 upon written notice, make the aforementioned records available to us.
10 Our Liability
10.1 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 Site generally, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.
10.2 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.
10.3 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.
10.4 Nothing in the Terms excludes or limits our liability
10.4.1 for death or personal injury caused by our negligence;
10.4.2 for fraud or fraudulent misrepresentation;
10.4.3 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);
10.4.4 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);
10.4.5 for defective products under the Consumer Protection Act 1987; or
10.4.6 for any other liability that cannot be limited by applicable law.
10.5 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:
10.5.1 loss of or corruption to data;
10.5.2 loss of business; or
10.5.3 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.
10.6 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 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).
10.7 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.
10.8 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.
11 Maintenance of the Site
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:
11.1.1 fix defects and errors in the Site;
11.1.2 install updates and undertake general diagnosis and maintenance of the Site; and
11.1.3 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.
12 Severance
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.
13 Variation
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
14.1 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.
14.2 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Terms or its subject matter or formation (including noncontractual 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.