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Archive: Terms and conditions: 22nd November 2007

IMPORTANT NOTE: This is an old version of our Terms and conditions, dated 22 November 2007. Click here to see an up-to-date version of our Terms and conditions.

www.onestopenglish.com (the Service) is provided by Macmillan English Campus, a division of Macmillan Publishers Limited, whose registered office is situated at Brunel Road, Houndmills, Basingstoke, Hampshire, RG21 6XS, United Kingdom.

The Service can be accessed by the Member free of charge or in respect of specified services on payment.

Before you register to become a Member, please read these terms and conditions carefully. You will be required to agree to these terms and conditions before using the Registered Service or the Subscription Service. If you do not agree to these terms and conditions, you may not register or subscribe.

DEFINITIONS

  • ’Agreement’ means the agreement between You and Us incorporating these conditions 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’, defined on the Website as the ’Staff Room’).
  • ’We, Us, Our’ means Macmillan Publishers Limited as provider of the Website www.onestopenglish.com (located at the address specified above);
  • ’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, Your, Yourself’ means the person whose application for membership of the Service is accepted by Us.
  • ‘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.
  • ‘Individual Subscription’ means sole access to the Subscription Service for the agreed period by one individual Member.

PART A: GENERAL TERMS

1. Provision of the Agreement

These conditions are a legally binding Agreement between You and Us for the provision of the Service, including the Registered Service and the Subscription Service.

  • We reserve the right to vary these conditions at any time. If We do so, the updated conditions will be posted on the Terms and Conditions page of the Website as soon as the alteration is made.
  • You acknowledge that You do not rely on any representation and/or warranty that has not been made in accordance with these conditions.
  • We reserve the right to refuse to register applications for the Registered Service and the Subscription Service and to terminate access at any time.
  • We reserve the right to make changes to the Registered Service and the Subscription Service as required from time to time by law or applicable safety requirements provided that they do not have a material adverse effect on the quality of the Service.
  • You may not (without prior written permission from Us) redistribute any of the 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 may download and make photocopies of files indicated on the Website as being available for this purpose for personal use or for use 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.
  • As described in these terms and conditions, some onestopenglish 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 conditions and may also constitute an offence as a matter of law. Macmillan English Campus, a division of Macmillan Publishers Ltd fully reserves all rights it may have to enforce its rights under these terms and conditions or at law (any failure to do so is not a waiver of these rights).

English law will apply to this Agreement and in the case of any dispute that relates to this Agreement both We and You agree to submit to the exclusive jurisdiction of the English Courts.

2. Indemnity

You agree to indemnify and hold Us harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of content You submit, post to or transmit through the Service, Your use of the Service, Your connection to the Service, Your violation of these terms and conditions, or Your violation of any rights of another.

3. Limited Warranty

We will use reasonable skill and care in making the Website available to You and in ensuring its continuing availability. 

4. Privacy Policy

We are committed to observing standards ensuring that all personal information obtained from this Website is used fairly and held securely. The information that you provide about Yourself to Us will only be used in accordance with this Privacy Policy. If you have any questions please contact Us through the Help pages of the Website.

All personal information collected on the Website (such as personal name, address or email address) is retained and used either for the purposes of improving the Service or to fulfill Your order.
When You purchase a Service from Us, We use industry standard SSL (secure socket layer) encryption to protect sensitive data, such as credit card numbers, during Your transaction.
Once You have registered for the onestopenglish mailing service you may unsubscribe at any time. Simply log in to your profile and untick the relevant box.

Whenever You provide personal information on the Website as part of the Registered Service, You are given the option to receive communications from Us and from associated Macmillan Group companies via Email. Once You have registered for these Macmillan Group mailing services, the management of the mailing lists is solely their responsibility. You should contact them direct to unsubscribe from the mailing list.

We will not disclose any of Your personally identifiable information except with Your permission or under special circumstances such as when We believe in good faith that the law requires disclosure.
In addition to the information which You supply when you register with Us, information and data may be automatically collected through the use of cookies. Cookies are small text files a website can use to recognise repeat users and allow Us to observe behaviour and compile aggregate data in order to improve the Website. Cookies make it possible for Us to identify registered users without needing to ask for registration details every time you access the Website. Using cookies also means that accessing the Website is more convenient for You as You do not need to remember Your username and password each time You enter.

5. Continuity of Website Content

We are continually seeking to improve the Service. However, We reserve the right, at Our discretion, to make changes to any part of the Service. In respect of any Subscription Services, we will ensure that any changes do not materially decrease the functionality of those services.

6. Use of the Forum

Any opinion, advice, statement, service, offer, or information or content provided or made by any third party on the Website, or on any website to which the Website is linked, is that of the author or provider, and not of Us.  We do not endorse, and We are not responsible for, the accuracy or reliability of, any such opinion, advice, statement, service, offer, information or content and we do not (to the extent allowed by the law) accept responsibility for their accuracy or use.

We make no representation and give no warranty about any other websites or any opinion, advice, statement, offer, information or content on them or goods or services offered by them.  We have no control over their content or availability.  We will not be liable for any loss or damage caused by or in connection with any use of, or reliance on, any information, materials, goods or services available on or through any other website.

If You submit any material for inclusion on this Website (including any making posting on the Website forum), you grant Us an indefinite, royalty free, worldwide, non-exclusive licence to use, reproduce and publish that material on the Website.

You waive Your moral rights in relation to any material that You submit to Us or upload or post to the Website, including Your right to be identified as the author of the material.

Please do not submit, upload or post any material if You do not agree to the waiver of rights as set out above.

7. Contributions to the Website

We want to encourage visitors to the Website to contribute to the Website, but We want You to use the Website responsibly.  Bear in mind that We may identify You if We are requested or ordered to do so by a court or by any other competent authority.

Any opinion, advice, statement, service, offer, or information or content provided or made by any third party on the Website, in particular on the ‘Forum’, ‘Letters’ or ‘Teacher Anecdotes’ sections of the Website, is that of the author or provider, and not of Us.  We do not endorse, and We are not responsible for, the accuracy or reliability of, any such opinion, advice, statement, service, offer, information or content and we do not (to the extent allowed by the law) accept responsibility for their accuracy or use.

You are to abide by the following rules:

  • not to submit any profanity or obscenity, even if you disguise it with asterisks;
  • not to make any personal attack on any person, firm or company;
  • not to submit, create any link to, any defamatory, obscene, indecent, lewd, pornographic, violent, abusive, offensive, insulting, threatening, menacing, unlawful or blasphemous material;
  • not to submit, or create any link, to any material that is an invasion of privacy, a breach of any data protection principle or legislation, a malicious falsehood or seditious libel, a contempt of court, or that is likely to incite or capable of inciting violence, racial hatred, sadism or cruelty or that encourages any unlawful or illegal act or omission;
  • not to submit, or create any link to, any material that is intentionally false or that is misleading, or that causes annoyance, inconvenience or needless anxiety, or that is potentially damaging or harmful;
  • not to impersonate anyone else, whether or not a public figure;
  • not to state or represent falsely that You are connected to, or affiliated with, any individual or entity;
  • not to promote or advertise, or engage in any other form of marketing, including (without limitation) chain letters or pyramid selling, even if You are acting on behalf of a non-profit-making organisation or a charity;
  • not to submit, or create any link to, any material that is protected by copyright, database rights or any other Intellectual Property Rights unless You are the owner of those rights, or You have the permission of that owner to publish that material in that way;
  • not to submit, or create any link to, any confidential information; if You do so it will no longer be confidential.  (Except as set out in paragraph 4 above, no information that is submitted to the Website will be treated as confidential.);
  • not to use the Website to manipulate the market for any security, nor to offer, sell or buy any security or in any way that is in breach of any rule or regulation relating to financial services;
  • not knowingly to break any law or regulation whilst using the Website;
  • not to use the Website to collect personal data about other individuals;
  • not to use any oversized fonts, JavaScript, tables, headings or other advanced HTML commands; use only bold or coloured fonts to emphasize Your points;
  • not to submit, or create a link to, any file that contains any virus, corrupted data, Trojan horse or anything else that might damage, destroy or render inaccessible any data or files on any computer;

You will not disclose Your password, PIN or ID 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 onestopenglish@macmillan.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.

We may, at Our discretion, edit, block, delete or remove from the Website any information or other material that You have posted or accessed, for any reason (whether or not You are in breach of these terms and conditions), at any time and without informing You.

We do not undertake to keep or make available any material that You or anyone else has contributed to the Website for any length or time, and You are advised to make a copy of any material that You wish to keep.  We may delete, archive, make unavailable, modify or comment on any material, and close or suspend any discussion topic without notice.

8. 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 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 and conditions.

9. Liability

Save as expressly set out in these terms and conditions, all information and material on the Website is provided on the basis that We have no liability for that information or material. 

We have no liability for the inability of anyone to access the Website or any information or material on it, and We do not warrant that the Website will operate without interruption or will always be available. We make no warranty that the Website is free from infection by viruses or anything else that has contaminating or destructive properties.

We are not responsible for, and will have no liability for, any error or corruption or breach of security resulting from the transmission of any information or material over any telecommunications network.
Save as set out in paragraph 3 above, all warranties, representations, terms, conditions and undertakings, whether implied by statute, common law, custom, trade usage, course of dealing or otherwise (including any implied warranty, representation, term, condition or undertaking of satisfactory quality or fitness for a particular purpose) are excluded to the fullest extent allowed by law.

Notwithstanding the provisions contained in this paragraph or anything else contained in these terms and conditions to the contrary, We do not exclude or limit Our liability for death or personal injury caused by Our negligence or for any fraud on Our part, or for any liability that cannot be excluded by law. Save as aforesaid, We will not be liable for any indirect or consequential loss, or for any loss of business, profit, revenue or goodwill, or loss or corruption of data, lost or wasted management time or the lost time of other employees arising from Your use of the Website or any information or material on it, or your inability to use it (whether that loss is direct or indirect).

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 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 ’Edit Profile’ 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 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. In the event that unauthorized users are accessing the Subscription Service using Your personal details then, without prejudice to Our other rights and remedies, 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 a separate Terms and conditions, available to view on the WorldPay Ltd. payment pages.

Payment for the Institutional Subscription Service will be raised against an invoice to the Institution.
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.

  • 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 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.

3. Renewals

  • 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, the Subscription will automatically renew at the ’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 ‘Edit my details’ page.
  • Institutional Subscriptions will be re-invoiced automatically after 12 months. You will need to notify Us as follows if you do not wish to continue your Subscription. Renewal cancellation can only be effected up to two weeks prior to the end of the current term of your subscription by sending an email to ose@mec.helpserve.com

4. Refunds

  • Under the Consumer Protection (Distance Selling) Regulation Act (2000), You are entitled to an eight-day cooling-off period that begins on the date on which You enter the Agreement to use the Subscription Service and ends at the end of 8 working days after You enter into that Agreement. 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 the Company Management.

5. Guarantee

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 requirements, purpose and/or expectations.
We do not guarantee that any of the information and/or material provided in the Service is accurate.
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.

IMPORTANT NOTE: This is an old version of our Terms and conditions, dated 22 November 2007. Click here to see an up-to-date version of our Terms and conditions.

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