Terms and conditions
These terms and conditions (‘Terms') apply to the www.onestopenglish.com website (the ‘Service'). They apply regardless of the means of delivery of the Service to you. The Service is provided by Macmillan Publishers Limited (‘we', ‘us' or ‘our'), whose registered office is situated at The Campus, 4 Crinan Street, LONDON, N1 9XW.
Thank you for using the Service. In consideration of us making the Website and its functionality available for your use, you accept and agree to be bound by these Terms. If you do not accept these Terms, do not use the Service. We may change these Terms from time to time, so you should review them each time that you use the Service. You should print a copy of these Terms for future reference.The Service can be accessed by the Member free of charge or in respect of specified services on payment.
The definitions and rules of interpretation in this clause apply in this agreement.
- ‘Agreement' means the agreement between you and us incorporating these Terms for the provision of the Service;
- ‘Intellectual Property Rights' means all patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered), and other similar rights wherever existing in the world, together with the right to apply for protection of the same;
- ‘Liability' means the liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities arising from use of the Service;
- ‘Member' means any person whose registration or subscription has been accepted by us and whose membership remains valid for the time being;
- ‘Service' means the service provided by us to you. Some of the services on the Website are free to access (‘Registered Service') and others are only available on a paid-for basis (‘Subscription Service').
- ‘Website' means our Website at URL www.onestopenglish.com or such other URL that we may use to provide the Service from time to time;
- ‘You' or ‘your' means the person, Member or institution whose application for membership of the Service is accepted by us.
- ‘Individual Subscription' means sole access to the Subscription Service for the agreed period by one individual Member.
- ‘Institutional Subscription' means an agreed number of Individual Subscriptions within a single organization covered by the Agreement between that organization and Macmillan English Campus, a division of Macmillan Publishers Ltd.
PART A: GENERAL TERMS
1. Provision of the Agreement
These Terms are a legally binding Agreement between you and us for the provision of the Service, including the Registered Service, the Subscription Service.
- You acknowledge that you do not rely on any representation and/or warranty that has not been made in accordance with these Terms.
- We reserve the right to refuse to register applications for the Registered Service, the Subscription Service and to terminate access at any time.
- Unless otherwise stated in these Terms, you must not (whether directly or indirectly) (a) distribute, transmit, syndicate, sell or offer to sell or otherwise make available all or any part of the Website or any content, files, feeds or data from the Website, whether publically available or not; or (b) copy, download or store any content, files, feeds or data from the Website, whether publically available or not, to make or populate a database or publication of any kind. This licence does not affect your freedom under fair dealing or fair use or any other copyright or database right exceptions and limitations.
- You may download and make photocopies of files indicated on the Website as being available for this purpose for personal use or for pedagogical purposes with a class. However, you may not (without prior written permission from us) redistribute any of the photocopiable content of the Website or supply it to other people (including by using it as part of any library, archive, intranet or similar service); remove the copyright or trade mark notice; create a database in electronic or structured manual form by systematically downloading and storing all or any of the content; modify, reproduce, sell, lend, hire out or in any way commercially exploit any of the content.
- You must not use or allow others to access or use, all or any part of the Website or the contents and/or applications on it for commercial purposes without our permission.
- Users should be aware that content and applications may be removed from the Website with or without notice at any time and reliance on their continued availability is at the user's risk.
- As described in these Terms, some of our content is made available as part of a paid-for Subscription Service. You are not permitted to deliberately attempt to access that content without paying the applicable subscription fee. Any attempt to do so is a breach of these Terms and may also constitute an offence as a matter of law. We reserve the right to enforce our rights under these Terms or at law (any failure to do so is not a waiver of these rights).
2. Linking to the Website
You may establish a link to the Website, provided that:
- the link is not detrimental to and/or does not take unfair advantage of our reputation or business;
- the link does not falsely suggest that we endorse, approve of or are associated with your website or any of its contents; and
- framing is not allowed and you must not provide access to the Website or part of it under any other URL (e.g. by domain forwarding, URL redirection or similar).
Only one registration per person is allowed. You must keep your registration information up to date.
You must choose a personal email address which gives you frequent access to emails sent to that address, as we need to be able to contact you. You must keep your password confidential. You warrant that you are authorized to supply this email address to us and that we can send emails to you at this address.
You must not:
- impersonate or try to impersonate another person;
- disclose your password to anyone else;
- allow anyone else use to your account;
- use anyone else's account.
You are responsible for everything done using your account, even if someone else is using your registration details without your knowledge. If you think that someone else may have access to, or be using, your password or account, you must tell us as soon as possible by emailing firstname.lastname@example.org .
5. Your content – what we are allowed to do
We may publish, check, edit or remove all or part of the comments, posts, applications, any of your user-generated content or other material, including your name, town and country, which you submit to us (‘your content'), at our sole discretion. However, we are not obliged to do any of these things and we may not.
Except as otherwise specified in these Terms, you retain any copyright you may have in your content. By submitting your content to us, you grant us a royalty-free, perpetual, irrevocable, non-exclusive worldwide licence to use, copy, edit, adapt, publish, translate, sub-license, create derivative works from, make available, communicate and distribute your content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. By submitting your content, you warrant that you have the right to grant this licence. To the extent permitted by law, you waive your moral rights (e.g. the right to be identified as author or to object to derogatory treatment) in your content.
This clause 5 means, for example (without limitation), that we can:
- Continue to publish all or part of your content, including applications, your name, town and country, even if you change your mind and want us to remove it and/or you are no longer registered with the Website;
- Remove your content, even if you have not breached these Terms or our Community Guidelines;
- Use all or part of your content in promoting our products and services (e.g. we may use a screenshot including your comments or applications in our advertising);
- Reproduce your trade marks, trade names, service marks, logos, domain names or other identifying signs or images;
- Publish and/or distribute widgets and applications similar to yours and bearing our or another user's branding or logo without incurring any liability to you;
- Edit your content, which may result in a part of it being modified and displayed, including without your name.
Please note that we do not check, monitor, moderate or even see all the comments and other material submitted to us. Whilesome comments and the applications may be pre-moderated (i.e. checked in advance by us before publication), some comments and other content is not.
6. Your content – what you are not allowed to do
You must not submit any material to the Website which:
- is inappropriate. Material will be considered inappropriate if that material is (a) defamatory, abusive, malicious, threatening, false, misleading, offensive, discriminatory, harassing, blasphemous, racist or sexist, (b) contains taunts, rudeness, insults, name-calling, indecent suggestions, profanity; (c) quotes others of out context to create misleading or negative impressions; (d) is indecent, obscene or of a sexual nature; (e) is a breach of confidentiality or someone's privacy;
- could prejudice any active legal proceedings of which you are aware;
- is not in the English language;
- contains accusations of impropriety or personal criticism of Macmillan/Onestopenglish staff;
- is likely to: (a) cause someone alarm, anxiety or distress; (b) incite others to breach civil behavior; (c) encourage violence or racial or religious hatred;
- infringes any Intellectual Property Rights. This means generally that you must own the rights in everything you submit or must obtain permission from the rights owner to submit the material;
- is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct);
- offers, advertises or promotes any product or services or makes any requests for donations or financial support;
- constitutes spam or junk content;
- impersonates anyone else or otherwise misrepresents your identity, affiliation or status;
- is, encourages or teaches conduct that is a criminal offence, gives rise to civil liability, or is otherwise unlawful; or
You may only include links on the Website to any third party websites or webpages if:
- the content of or linking to such websites or webpages does not breach any of the prohibitions listed above;
- links are clearly and visibly marked as such;
- the content of any linked website is relevant and clearly related to the content to which it is linked; and
- the link will not result in any automatic download.
You must not attempt to avoid or undermine any protections we put in place for the security and operation of the Website.
Unless you have our express permission to do so, you must not re-submit content or applications which you are aware have been removed.
You will not disclose your password to anyone; you are responsible for all submissions to the Website made using them. If you know or suspect that someone else knows your password, you will let us know immediately by contacting email@example.com . We may suspend or change your password if there is a breach of security or misuse of the Website, or if we suspect that this is the case.
7. Intellectual Property Rights
This Website and its content are protected by copyright, database rights, trade marks and other Intellectual Property Rights. All Intellectual Property rights in the Service, the Website and its content is owned by us and no right to use or licence of any of those Intellectual Property Rights is granted except as explicitly set out in these Terms.
8. Our Liability
The information contained on the Website is for information purposes only and does not constitute advice. You should check any information on the Website and use your own judgment before doing or not doing anything on the basis of what you see. We make no representations or warranties with respect to the Website or its contents. All warranties, including without limitation the implied warranties of satisfactory quality and fitness for purpose relating to the Website and/or its content and/or any website to which it is linked are excluded to the fullest extent permitted by law. No representations or warranties are given as to the accuracy or completeness of the information provided on the Website, or any website to which it is linked.
Except for liability for fraudulent misrepresentation or deliberate breach of these Terms by us, we are not liable for:
- any action you may take as a result of relying on any information provided on the Website or for any loss or damage suffered by you as a result of you taking this action;
- any dealings you have with third parties (e.g. other users, advertisers or promoters) that take place using or facilitated by the Website;
- any liability for losses which are not a foreseeable or likely consequence of (a) your use of the Website, or (b) a breach of these Terms;
- any business loss connected with your trade, business or profession.
We are not responsible if you cannot access the Website properly or at all or if some of its features are unavailable to you because of any event outside our control, for example (without limitation) the performance of your or our ISP, your browser or the internet or limitations in the capability of your accessing device.
We have no liability to you for any loss or inconvenience suffered from the unavailability or withdrawal of content and/or applications from the Website. We may withdraw content and/or applications from the Website at any time at our discretion, with or without notice to users.
The Website relies in part on software to work. Software has bugs. Whilst we will monitor the Website and try to fix bugs, we cannot guarantee that the Website or any individual feature of the Website will be error free, available all the time and/or free from viruses.
However, nothing in these Terms will affect any liability we may have for death or personal injury arising from our negligence or any other liability which cannot be excluded or limited by law.
9. Maintenance of the Website
Making your use of the Website enjoyable means we need to fix bugs, install updates and do general diagnosis and maintenance of the Website, which may make the Website less accessible or available for your use during those times.
We also need to be able to do emergency maintenance and/or suspend access to the servers where, in our reasonable discretion, we see the need to do that. We will try to have the Website available again as soon as we think it is safe to do so.
This Agreement will terminate if you or we are in material breach of any of its terms and if the breach is not remedied within the period of twenty working days after written notice of it has been given to the party in breach. If we are in material breach as a result of circumstances within our control, you will be entitled to pro-rata return of the applicable charges.
On termination of this agreement for any reason: (a) all licences granted under this agreement shall immediately terminate; (b) subject to the exceptions in this sub-clause, you will take reasonable steps to delete our content from your electronic media, including your intranet and electronic storage devices so that you no longer have an electronically functional copy of the content. However, you are not required to delete from your electronic media any part of the content that before termination has been substantially amended by you. You are not required to delete or destroy printouts containing our content that were made prior to termination, or copies of such printouts; (c) we may destroy or otherwise dispose of any of the subscriber data in our possession; and (d) termination shall not affect or prejudice the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination.
11. General provisions
The rights provided under this agreement are granted to you only and should not, without our prior written consent, be considered granted to any subsidiary or holding company. You may not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with your rights or obligations under this Agreement.
This Agreement is not intended to benefit anyone other than you and cannot be enforced by a third party under the Contracts (Rights of Third Parties) Act 1999.
Unless specifically provided otherwise, rights arising under this Agreement are cumulative and do not exclude rights provided by law.
If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
This Agreement, the charges invoice and any agreed written record identifying authorized users, constitute the entire Agreement and understanding of the parties. They supersede any previous agreement between the parties relating to the subject matter of this Agreement. Each of the parties acknowledges and agrees that it does not rely on any statement, representation, warranty or understanding (whether negligently made or not) of any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. The only remedy available to it for breach of the Agreement shall be for breach of contract under the terms of this Agreement.
English law governs this Agreement and the parties submit to the non-exclusive jurisdiction of the English courts.
PART B: SUBSCRIPTION SERVICE
1. Terms of provision
The General Terms as listed above also apply to the Subscription Service. In addition, the following conditions apply:
- You must provide us with accurate and complete registration information, including a valid email address, valid credit card details for Individual Subscriptions and proper invoicing information for Institutional Subscriptions. It is your responsibility to update your personal account with any changes to your information (including your email address) through the ‘My account’ pages of the Website.
- If you believe there has been any breach of your security, such as the disclosure, theft or unauthorized use of your personal details, you must notify us immediately.
- We will try to process your subscription promptly but we do not guarantee that the Subscription Service will be available to you by any specified time. By submitting your order, you are agreeing that we may process your subscription and begin the Service. Once we have done so, you will not be able to cancel the order and receive a refund of the fee paid.
- We reserve the right to monitor usage of the Subscription Service using your personal login details and/or website analytics. In the event that unauthorized users are accessing the Subscription Service using your personal details then we reserve the right to charge you an amount equal to the charges which would have been payable had each unauthorized user subscribed for the Subscription Services themselves.
- Each Individual Subscription is solely for use by you. The Subscription Service may not be used in connection with any commercial activity. Companies, businesses or any other commercial organizations may not become Members and should not use the Service or the Website for any purpose.
- Each Institutional Subscription is for use by the agreed number of individuals within the Institution, according to the Agreement between the Institution and Macmillan English Campus, a division of Macmillan Publishers Ltd.
- Illegal and/or unauthorized use of the Service or Website will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.
2. Payment and price
Payment for the Individual Subscription Service will be processed through the RBS WorldPay Ltd. service. This service is governed by separate terms, available to view on the WorldPay Ltd. payment pages.
Payment for the Institutional Subscription Service will be raised against an invoice to the Institution.
You shall provide to us valid, up-to-date and complete credit card details or approved purchase order information acceptable to us and any other relevant valid, up-to-date and complete contact and billing details and, if you provide: (a) your credit card details to us, you hereby authorize us to bill such credit card on the effective date for the charges payable; and subject to 30 days prior written notice not to renew, on each anniversary of the effective date for the charges payable in respect of the next renewal period of twelve months; (b) your approved purchase order information to us, we shall invoice you on the effective date for the charges payable in respect of the Initial Subscription Term; and, subject to 30 days prior written notice not to renew, at least 30 days prior to each anniversary of the effective date for the charges payable in respect of the next renewal period of twelve months, and you shall pay each invoice within 30 days after the date of such invoice.
If we have not received payment within 30 days after the due date, and without prejudice to any other rights and remedies we may, without liability to you, disable your password, account and access to all or part of the Services and we shall be under no obligation to provide any or all of the Services while the invoice(s) concerned remain unpaid; and interest shall accrue on such due amounts at an annual rate equal to 4% over the then current base lending rate of HSBC plc at the date the relevant invoice was issued, commencing on the due date and continuing until fully paid, whether before or after judgment.
All amounts and fees stated or referred to in this Agreement shall be payable in pounds sterling, Euros or US dollars and are, except where specifically stated otherwise, non-cancellable and non-refundable. Prices for Individual Subscriptions are inclusive of any applicable VAT and any details given in relation to exchange rates are approximate only and may vary from time to time. Prices for Institutional Subscriptions are exclusive of VAT and VAT will be charged at the applicable rate with the invoice.
You shall pay all sums due to us under this Agreement by the means of the payment specified in our Website and without any set-off, deduction, counterclaim and/or any other withholding of monies.
No payment or refund will be given to you for any downtime in respect of the Service or for your inability to access the Service due to technical problems beyond our control.
The prices for Individual and Institutional Subscriptions are displayed on the Website. The subscription prices may be changed from time to time and will be effective from the date of posting on the Website.
These prices are exclusive of any additional Macmillan Group products offered on the Website.
Your Individual Subscription Service membership will be renewed automatically after 12 months. All subscriptions automatically renew during the last day of the subscription term which is about to lapse. The relevant amount will be charged to the credit card used for your original transaction. In the case of you taking advantage of a reduced price special offer or a loyalty scheme, the Subscription will automatically renew at the applicable discount rate offered to you in writing or the then ‘current’ price, as displayed on the Website at the date of renewal. This continues until you decide to cancel the automatic renewal. Renewal cancellation can only be effected up to two weeks prior to the end of the current term of your Subscription by logging into the Website and opting out of automatic renewal on the ‘My account’ page.
Institutional Subscriptions will be re-invoiced automatically after 12 months. You will need to notify us if you do not wish to continue your Subscription. Renewal cancellation can only be effected up to 30 days prior to the end of the current term of your subscription by sending an email to firstname.lastname@example.org .
Under the Consumer Protection (Distance Selling) Regulation Act (2000), you are entitled to a seven day cooling-off period that begins on the day after you enter the Agreement to use the Subscription Service. During this time you have the right to cancel your contract without penalty. However, the cooling-off period and the right to cancel does not apply if you begin to use the Subscription Service before the end of the cooling-off period. Therefore, if you use the Subscription Service immediately by accessing our Website, you will not be able to cancel the Agreement without our agreement.
If we reasonably believe that your personal details are being used in any way which is not permitted by this Agreement, we reserve the right to suspend access rights immediately on giving notice to you until the issue has been resolved. We may terminate this Agreement by giving notice to you if you are in breach of this Agreement and in such case, we are not obliged to refund you any fees.
Any other refunds will be given at the discretion of our management.
The Subscription Service is provided in its current form and we do not guarantee that the Service, or any element of the Service, will meet your particular requirements, purpose and/or expectations. We do not guarantee that any of the information and/or material provided in the Service is accurate or up-to-date.
We do not provide any warranty in respect of the Service, results, availability, and/or uninterrupted use of the Service due to any problem or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or traffic congestion on the internet or the Website.