Terms and Conditions — Macmillan Education

Terms and Conditions

Date of version: March 2023

The Terms of Use together with these Terms of Sale apply to any contract (“Contract”) between us for the sale of products (“Products”) to you via macmillaneducation.direct (“the Site). Please read the Terms of Sale carefully before placing an order with us for any Products (“Order”). By placing an Order, you signify your agreement to be bound by these Terms of Sale. These Terms of Use and Sale ("Terms") apply to your use of the Site and to any contract between you and Springer Nature Customer Service Center GmbH with its registered office at Tiergartenstr. 15-17, 69121 Heidelberg, Germany, for the sale of products to you via the Site.

The Site is operated by Springer Nature Customer Service Center GmbH, Tiergartenstr. 15-17, 69121 Heidelberg, Germany on behalf of 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").

 

We draw your attention to the limitations on liability contained in clause 11 below and  to the consents to data transfer and processing contained in clause 9 below.

1 - About us
2 - Contacting us 
3 - Using Sites 
4 - Linking 
5 - Registration 
6 - Your Content 
7 - Third party content 
8 - Intellectual Property Rights 
9 - Your personal information 
10 - Interactive Services 
11 - Our liability 
12 - Maintenance of the Site 
13 - Severance 
14 - Variation 
15 - Jurisdiction and applicable law

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").

Contacting us

  • You can contact us following the instructions found  on the ‘Contact’  page on the Site.
  • We respect the intellectual property rights of  others, and we request that our visitors do the same. It is our policy to  terminate the accounts of users who repeatedly infringe the rights of  others. If you think your work has been  copied in a manner that constitutes copyright infringement, you may contact us  at help@macmillaneducation.com. Please include  all of the following in your notification:
    • A physical or electronic  signature of the person authorized to act on behalf of the owner of an  exclusive copyright that is allegedly infringed;
    • a description of the  copyrighted work you claim has been infringed;
    • a description of where the  material you claim is infringing is located on the Site;
    • your address, telephone number,  email address and all other information reasonably sufficient to permit us to  contact you;
    • a statement by you that you  have a good faith belief that the disputed use is not authorized by the  copyright owner, its agent or the law; and
    • a statement by you, made under  penalty of perjury, that the above information in your notice is accurate and  that you are the copyright owner or authorized to act on behalf of the owner of  an exclusive right that is allegedly infringed.

Using the Site

  • Users,  whether or not registered, must be over 12 years of age. If you are  under 16, you must first obtain the consent of your parent or guardian to use  or register with the Site. We reserve the right to seek any form of verifiable  parental consent as we believe appropriate at any time.
  • Access to the Site is permitted on a temporary  basis and we reserve the right to withdraw or amend the service we provide on  the Site or part of the Site without notice. We will not be liable or  responsible if for any reason any or all of the Site is unavailable at any time  or for any period.
  • Use of the  Site requires compatible devices, Internet access, and certain software; may  require periodic updates; and may be affected by the performance of these  factors. High-speed Internet access is strongly recommended. The latest  versions of required software (including, but not limited to, Bluefire Reader and/or Adobe  Digital Editions) may be required for certain transactions or features  and to download products purchased from the Site. You agree that these  requirements, which may change from time to time, are your responsibility.
  • We may update the Site from time to time, and may  change the content at any time. Please  note that any of the content on the Site may be out of date at any time, and we  are under no obligation to update it.
  • You may view (and, where applicable, listen to  and/or watch) the content and applications available on the Site for your own  private non-commercial use. You must not use or allow others to access or use,  all or any part of our Site or the contents and/or applications on it for  commercial purposes without our permission. Use of all or any part of any Site  or the contents and/or applications on it for commercial purposes shall be subject  to separate terms and conditions and may be subject to a fee.
  • From time to time we may restrict access to some  parts of the Site, or to the entire Site, to users who have registered with us.  You must not otherwise alter, adapt or reverse engineer any part of the Site.
  • You must not (whether directly or indirectly):
    • distribute, transmit,  syndicate, sell or offer to sell or otherwise make available all or any part of  the Site or in any way seek to commercialise all or part of the combination of  materials which together constitute the Site;
    • distribute, transmit,  syndicate, sell or offer to sell or otherwise make available any content,  files, feeds or data from the Site, whether publically available or not, except  as specifically permitted by the Site and in compliance with any applicable  conditions or restrictions; or
    • copy, download, or store any  content, files, feeds or data from the Site, whether publically available or  not, to make or populate a database or publication of any kind whatsoever,  provided that for the avoidance of doubt this is not intended to restrict  copying of an insubstantial part of any such material where you are able to  show ‘fair dealing’ with it, in each case in accordance with the Copyright,  Designs and Patents Act 1988.
  • You may only play video or audio files made  available for streaming using the media player on the Site or on the website of  one of our licensees who is displaying such material with our authorisation. Where any videos or other materials are  displayed through a third-party embedding service you must comply with all applicable  conditions of that third party.
  • You should be aware that content and resources may  be removed from the Site with or without notice at any time and we accept no  responsibility or liability for any reliance by you on the continued  availability of any content or resources on the Site.
  • Whether or not you are a registered user, you must  not abuse the Site’s social media and rating facilities (or any similar  feature) (such as, without limitation, by making malicious reports).
  • You are solely liable and responsible for any  third-party charges incurred by you in accessing and using the Site, including  in particular any network charges for fixed or mobile internet use.
  • You must not attempt to avoid or undermine any  protections we put in place for the security and operation of the Site.
  • You 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 of Use. 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.

Linking

  • You may establish a link to the Site, provided  that:
    • the link is legal and not  detrimental or damaging to and/or does not take unfair advantage of our  reputation or business;
    • such linking is not for advertising  or promotional purposes (unless we have expressly agreed to it);
    • the link is not from any  website which promotes any political or religious views, or promotes or depicts  intolerance, hatred, discrimination, violence, pornography or illegal activity (websites  of any such nature being referred to as an "Unacceptable Forum");
    • the link does not falsely or  misleadingly imply or suggest that we endorse, approve of or are associated  with the linked website, its webpages or any of its contents; and
    • framing of the Site on any  other website is not allowed and you must not provide access to the Site or  part of it under any other URL.
  • We may withdraw your right to link to the Site without  notice and at any time (acting in our sole discretion).
  • Subject to these Terms of Use you may only include  links on the Site 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 6.7;
    • 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 (as defined  in clause 6) to which it is linked; and
    • the link will not result in any  automatic download.
  • Where the Site and/or applications contain links to  other websites, webpages, resources, or mobile services which are proprietary  to third parties, other users, advertisers or sponsors, such websites,  webpages, resources and mobile services are provided for your information only  and you access them at your own risk. We are not liable or responsible for the  content or operation of third party websites, webpages, resources or mobile  services. You should read any applicable terms and conditions and privacy  policies.

Registration

  • Where you are required to register to use the Site  or part of the Site, it is your responsibility to provide accurate and complete  registration details and to keep such details up to date. We are entitled to  rely on any such registration details you provide to us.
  • Unless stated otherwise, each registration is for a  single user only and not for multiple users. You must keep your registration  details confidential. You are solely  responsible for any loss or damage you or we may suffer as a result of your  failure to do so.
  • Your registration with the Site must be in your  own, real, name, not under any false or assumed name and not with any other  person’s identity. You must not pretend  to be a different person. You must provide  a valid email address when you register for the Site. If you provide an email  address to us then you warrant to us that you are entitled to receive email to  such email address. You also acknowledge and agree that we may stop sending  emails to you without prior notification.
  • You are responsible for everything done using your registration  details. You must not disclose your  login details to any other person. If you think that another person may have  access to, or be using, your registration details, you must inform us  immediately.
  • We may suspend, terminate or prevent your account  and/or your access to any or all of the Site at our sole discretion. Where we  suspend, terminate or prevent your registration, you must not attempt to  re-register or submit any content, material or applications without our prior  written consent.
  • You may  terminate your registration at any time by emailing help@macmillaneducation.com.
  • For the avoidance of doubt, where we suspend,  terminate or otherwise prevent your account or your access to the Site, we may  continue to publish or use your Content (as defined in clause 6) in accordance  with the provisions of these Terms of Use.

Your Content

  • The Site may offer you the opportunity to submit,  post, display, transmit, perform, publish, distribute or broadcast content and  materials, including, without limitation, articles, commentaries, photographs,  text, music, video, audio recordings, computer graphics, pictures, data,  questions, comments, suggestions or personally identifiable information ("Content"). You retain ownership of any intellectual property  rights that you hold in the Content.
  • 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 of Use. 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 the Site.
  • For the avoidance of any doubt, you acknowledge and  agree that we may:
    • continue to publish all or part  of your Content even if you change your mind and want us to remove it and/or  you are no longer registered with the Site;
    • remove your Content at our sole  discretion (even if you have not breached these Terms of Use).
    • use all or part of your Content  in promoting our products and services;
    • reproduce your trade marks,  trade names, service marks, logos, domain names or other identifying signs or  images;
    • publish and/or distribute  widgets and other applications similar to yours and bearing our or another user's  branding or logo without any liability or responsibility to you;
    • modify your Content in any way  at our sole discretion.
  • You acknowledge that we are not responsible for  checking, monitoring or moderating any Content and you remain solely responsible  for all Content that you upload or submit.
  • By uploading or submitting Content to the Site, 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 of Use, including its  publication on the Site concerned and the right of visitors to the Site 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 the Site, or to  which you post a link from the Site, will not be inappropriate.  Without limitation, Content (and the content of third-party websites) may be  considered inappropriate if:
    • it is misleading in any way,  and/or it gives a false impression as to its origins or approvals;
    • it is defamatory, plagiarised  (including plagiarism from your own work), abusive, malicious, threatening,  false, misleading, offensive, insulting, discriminatory, profane, harassing,  racist, sexist, indecent, obscene, pornographic, hateful or it advocates  violence;
    • it is in breach of confidentiality  or another person’s privacy or other rights, or of any duty owed by you;
    • it prejudices any active or  pending legal proceedings of which you are aware;
    • it contains accusations of  impropriety or personal criticism of our personnel, editors or reviewers;
    • it infringes any intellectual  property rights proprietary to us or any third party;
    • it is technically harmful  (including Content containing, without limitation, computer viruses, logic  bombs, trojan horses, worms, harmful components, corrupted data or other  malicious software, harmful data or conduct and/or contains any other element  which is intended to harm us or any third party, or to carry out or facilitate  any fraudulent or dishonest transaction);
    • it advertises or promotes any  product or service or makes any requests for donations or financial support;
    • it is spam or junk content;
    • it impersonates another person  or otherwise misrepresents your identity, affiliation or status;
    • it would be considered a criminal  or statutory offence in any jurisdiction, or gives rise to civil liability, or  is otherwise unlawful; and/or
    • it is in breach of these Terms  of Use.
  • Unless you have our express permission to do so,  you must not re-submit any Content or other material or applications which have  previously been rejected or removed.
  • You shall indemnify us on demand and keep us  indemnified against all liabilities, losses, damages, costs, claims and  expenses (including any professional costs and expenses) suffered or incurred  by us arising out of or in connection with any breach or alleged breach by you  of this clause 6.
  • You undertake to defend us from and against any  claim or action by a third party that the use or possession of any Content submitted  or uploaded to the Site by you infringes the intellectual property of such  third party ("IPR Claim"), and shall on demand indemnify us and keep us indemnified against all liabilities,  losses, damages, costs, claims and expenses (including any professional costs  and expenses) suffered or incurred by us arising out of or in connection with  any such IPR Claim.

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

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. 

Your personal information

In addition to these Terms of Use, please read the  Privacy Policy and Cookies Policy carefully as it governs our collection and use of  information about you, and states that we may collect your information in the  UK and transfer it to companies within our group (including companies based  outside of the UK and Europe). By using  our Site, you consent to us obtaining, holding, processing and transferring  your data as set out in the Privacy Policy and Cookies Policy.

Interactive Services

  • We may from time to time provide interactive  services on the Site, including (without limitation) chat rooms, bulletin  boards and other forums ("interactive services").
  • Where we do provide any interactive service, we  will provide clear information to you about the kind of service offered,  whether it is moderated and what form of moderation is used (including whether  it is human or technical).
  • We are under no obligation to oversee, monitor or  moderate any interactive service we provide on the Site, and we expressly  exclude our liability for any loss or damage arising from the use of any  interactive service by a user in contravention of these Terms of Use, whether  the service is moderated or not.
  • You acknowledge that the  interactive services are for public and not private communications. We cannot  guarantee the security or privacy of any information you choose to disclose  through any of these media and you make such disclosures at your own risk. If  you see something which you reasonably believe breaches these Terms of Use,  please use the relevant 'Report this Comment' facility. If there is no such  facility available, please contact us by emailing help@macmillaneducation.com.
  • The use of our interactive services by a minor is  subject to the consent of their parent or guardian. We advise parents who permit their children  to use an interactive service that it is important that they communicate with  their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service  should be made aware of the potential risks to them.
  • Where we do moderate an interactive service, we  will normally provide you with a means of contacting the moderator, should a  concern or difficulty arise.

Our liability

  • The provisions of this clause 11 set out our  entire financial liability (including any liability for the acts or omissions  of our employees, agents and sub-contractors) to you in respect of all losses,  claims or liabilities arising under or in connection with the Terms or your use  of the Site generally, whether in contract, tort (including negligence), breach  of statutory duty, or otherwise.
  • The information and material contained on the Site  is for information purposes only and does not constitute advice. Such information  and material may be incorrect or out of date and should not be considered as a  definitive or complete statement. You should check any information and material  on the Site and use your own judgement before doing or not doing anything on  the basis of such information or material. No representations or warranties are given as to the accuracy or completeness of  the information or material provided on the Site or any website or webpage to  which it is linked.
  • Save as expressly  provided in these Terms, we make no representations or warranties with respect  to the Site or its content or any products made available via the Site. All  warranties (express or implied) are hereby excluded to the fullest extent  permitted by law.
  • Nothing in the Terms excludes or limits our  liability
    • for death or personal injury caused by our negligence;
    • for fraud or fraudulent misrepresentation;
    • for breach of the terms implied by section 12 of the Sale of Goods  Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title  and quiet possession);
    • for breach of the terms implied by sections 13, 14 and 15 of the Sale of  Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act  1982 (description, satisfactory quality, fitness for purpose and samples);
    • for defective products under the Consumer Protection Act 1987; or
    • for any other liability that  cannot be limited by applicable law.
  • To the fullest extent permitted by law, we, other  members of our group of companies and third parties connected to us hereby  expressly exclude any liability for:
    • loss of or corruption to data;
    • loss of profit;
    • loss of anticipated savings;
    • loss of anticipated revenue;
    • loss of business;
    • loss of opportunity;
    • adverse effect on reputation  and/or goodwill; or
    • any indirect or consequential  loss or damage save that for these purposes losses arising as a result of  regulatory fines and damage to property shall to the extent arising as a  natural consequence of the breach in question not be regarded as indirect or  consequential.
  • Without prejudice to the generality of the  exclusions of liability contained in this clause 11, we shall not be  liable to you if you cannot access the Site properly or at all (wholly or  partly) or if some of its features are unavailable to you due to events outside  our control (including without limitation the performance of any internet  service provider, the performance of any internet browser, limitations of the  device you use to access the Site and/or any malicious or unintentional harm  done by yourself or others).
  • We shall have no liability to you for any loss,  damage or inconvenience suffered due to the unavailability, withdrawal,  corruption or loss of any Content, material or other information or data from  or on the Site, or for any use of or reliance on any Content on the Site.
  • Whilst we monitor the Site with a view to locating  and fixing defects, you acknowledge and agree that we cannot and do not  guarantee that the Site or any individual feature of the Site will be error  free, be available at all times and/or be free from viruses and defects. We shall not be liable for any loss or damage  caused by a virus, distributed denial-of-service attack, or other  technologically harmful material that may infect your computer equipment,  computer programs, data or other proprietary material due to your use of the  Site or to your downloading of any content on it, or on any website linked to  it.

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:

  • 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.

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. 

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,  including without limitation in the Terms of Sale.

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 non-exclusive  jurisdiction to settle any dispute or claim that arises out of or in connection  with the Terms or its subject matter or formation (including non-contractual  disputes or claims). However, if you are a resident of Northern Ireland you may  also bring proceedings in Northern Ireland, and if you are resident of  Scotland, you may also bring proceedings in Scotland.

 

 

TERMS OF SALE



The Terms of Use together with these Terms of Sale apply to any contract (“Contract”) between us for the sale of products (“Products”) to you via macmillaneducation.direct (“the Site). Please read the Terms of Sale carefully before placing an order with us for any Products (“Order”). By placing an Order, you signify your agreement to be bound by these Terms of Sale.

1. How the Contract is formed between you and us

1.1. Our shopping pages will guide you through the steps you need to take to place an Order with us. Our Order process allows you to check and amend any errors before submitting your Order to us. Please take the time to read and check your Order at each page of the Order process.

1.2. After you place an Order, you will receive an email from us confirming acceptance of your Order (“your Order Confirmation”). The Contract between us will only be formed when you receive an Order Confirmation.

1.3. If we are unable to supply you with a Product, for example because that Product is no longer available, we will inform you of this by email and we will not process your Order. If you have already paid for the Product, we will refund you the full amount including any delivery costs charged as soon as possible.

1.4. You can only purchase Products from the Site if you are at least 16 years old. If you are over 12 years old, you can only purchase the Products with the involvement of a parent or guardian.

2. Payment

2.1. The prices of the Products will be as quoted on the Site at the time you submit your Order and are inclusive of VAT. Prices for our Products may change from time to time but changes will not affect any Orders placed before the changes come into effect.

2.2. You can only pay for Products using a debit card or credit card registered to your account and payment will be made via our third party payment service provider (subject to their terms and conditions). We only accept the cards specified on the relevant pages of the Site.

2.3. Should the payment process not be completed successfully, i.e. Macmillan Education does not receive confirmation of your payment from the relevant payment service provider, Macmillan Education will not confirm the order, but will notify you of the failure of payment, and no Contract will be deemed made until payment has been received.

2.4. You agree to receive an electronic invoice at the email address provided in the user account used to purchase the Products. If you request a hard copy of the invoice, Macmillan Education may charge a reasonable fee for this.

2.5. If you fail to honor your payment obligations, or if any amounts paid are reverse-charged, Macmillan Education may block your access to the Digital Content Platforms until Macmillan Education has received full payment of all arrears.

2.6. Goods are delivered subject to retention of title and shall remain Macmillan Education’s property until the purchase price has been paid in full.

3. Delivery and Customs

3.1. We will confirm details of delivery in the Order confirmation. Please note that delivery times are estimates only. They are not guaranteed delivery times and should not be relied upon as such.

3.2. All digital products will be delivered via email to the email address provided to us at the time the Order is placed.

3.3. Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by anything in these Terms. Should you wish to discuss anything in relation to your rights in relation to our products or this agreement we can be contacted at help@macmillaneducation.com or via our contact us page. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

3.4. When ordering Products for delivery outside of the EU, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance will be borne by you. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Please note that when ordering from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the Products.

4. Cancellation Policy

Right to Cancel for Contracts on the supply of or access to Digital Content

4.1. You have the right to cancel this Contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on of the conclusion of the Contract.

4.2. To exercise your right to cancel, you must inform us of your decision to cancel this Contract by a clear statement (e.g. a letter sent by post, fax or e-mail) which includes details of your name, address, the order you wish to cancel and where available your phone number and email address. Please see clause 3.3 for our contact details. You may use the model cancellation form detailed below, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of Cancellation

4.3. If you cancel this Contract, we will reimburse you for all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you.

4.4. We will make the reimbursement without undue delay, and not later than:
4.4.1. 14 days after the day we receive back from you any Products supplied;
4.4.2. (if earlier) 14 days after the day you provide evidence that you have returned the Products; or
4.4.3. if there were no Products supplied, 14 days after the day on which we are informed about your decision to cancel this Contract.

4.5. If you withdraw from this Contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this Contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Model Withdrawal Form (complete and return this form only if you wish to withdraw from the Contract)

● To help@macmillaneducation.com or via our contact us page
● I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
● Ordered on (*)/received on (*),
● Name of consumer(s),
● Address of consumer(s),
● Signature of consumer(s) (only if this form is notified on paper),
● Date

(*) Delete as appropriate.

5. Our rights to cancel

5.1. We may have to cancel a Contract before the Products are delivered due to an event outside our control or product unavailability. If this happens:
5.1.1. we will promptly contact you to let you know; and
5.1.2. if you have made any payment in advance for any Product that has not been provided/delivered to you, we will refund those amounts to you;

5.2. We may cancel the Contract for Products at any time with immediate effect by giving you written notice if:
5.2.1. you do not pay us when you are supposed to; or
5.2.2. you break the Contract in any other material way and you do not correct or fix the situation within 30 calendar days of us asking you to in writing.

6. Our Liability

6.1. The provisions of this clause 6 sets 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 of Sale, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.

6.2. 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 is linked.

6.3. Save as expressly provided in these Terms of Sale, we make no representations or warranties with respect to the content of any Products made available. All warranties (express or implied) are hereby excluded to the fullest extent permitted by law.

6.4. 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 consumer law legislation; or
● for any other liability that cannot be limited by applicable law.

6.5. 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:
● 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.

6.6. Without prejudice to the generality of the exclusions of liability contained in this clause 6, 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 website and/or any malicious or unintentional harm done by yourself or others).

6.7. 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.

6.8. 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 our Digital Content 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.

7. Other Important Terms

7.1. We may transfer our rights and obligations under these Terms to other members of our group of companies, but this will not affect your rights or our obligations under these Terms.

7.2. Macmillan Education may amend these Terms of Sale if Macmillan Education deems the amendment necessary to adapt these Terms of Sale to changes in statutory law or case-law or to technical developments, or due to the introduction of new products or features of products. Macmillan Education will notify you of its intent to amend the Terms of Sale and the envisaged date of the amended Terms of Sale entering into force. If you do not object to the amendment within one month after receipt of said notification (the “Objection Period”), you shall be deemed to have agreed to the amended Terms of Sale. In said notification, Macmillan Education shall point out the legal relevance of the Objection Period.

7.3. Any Contract is between you and us. No other person shall have any rights to enforce any of its terms.

7.4. The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law, and the parties submit to the exclusive jurisdiction of the courts of London, England to settle any dispute or claim that arises out of or in connection with this Agreement.