These terms (“Terms”) apply to the entire contents of the Websites under the domain names www.click4ESOL.com and (the “Website”) and to any correspondence by e-mail between Us and You. Please read these Terms carefully before using the Website. Using the Website indicates that You accept these Terms regardless of whether or not You choose to register with Us. If You do not accept these Terms, do not use the Website. This notice is issued by click4ESOL.

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 click4ESOL 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 organisation and click4ESOL.
• ‘Individual Subscription’ means sole access to the Subscription Service for the agreed period by one individual Member.

1. INTRODUCTION

1.1 You may access some areas of the Website without registering with click4ESOL. Certain areas of the Website are only open to You if You register for a subscription or have a current subscription to access Our resources.

1.2 By accessing any part of the Website, You shall be deemed to have accepted these Terms in full. If You do not accept these Terms in full, You must leave the Website immediately.

1.3 click4ESOL may revise these Terms at any time by updating this posting. You should check the Website from time to time to review the then current terms, because they are binding on You. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at the Website.

2. LICENCE

2.1 You are permitted to print individual worksheets from Our eBooks in the teachers’ area for educational purposes on the following basis: (a) no documents or related graphics on the Website are modified in any way; (b) no graphics on the Website are used separately from the corresponding text; and (c) click4ESOL’s copyright and trademark notices and this permission notice appear in all copies.

2.2 If You are a registered subscriber You are permitted in addition, but subject always to complying with the conditions set out at clauses 2.1 (a) (b) and (c) above, to (a) display and/or run online resources on Your interactive whiteboard or projector.

2.3 Unless otherwise stated, the copyright and other Intellectual Property Rights in all material on the Website (including without limitation photographs and graphical images) are owned by click4ESOL or its licensors. For the purposes of these Terms, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If You breach any of these Terms, Your permission to use the Website automatically terminates and You must immediately destroy any printed extracts from the Website.

2.4 Subject to clause 2.1, no part of the Website may be reproduced or stored in any other Website or intranet or internet or included in any public or private electronic retrieval system or Service without click4ESOL’s prior written permission.

2.5 Any rights not expressly granted in these Terms are reserved.

3. SERVICE ACCESS

3.1 While click4ESOL endeavors to ensure that the Website is normally available 24 hours a day, click4ESOL shall not be liable if for any reason the Website is unavailable at any time or for any period.

3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond click4ESOL’s control.

4. VISITOR MATERIAL AND CONDUCT

4.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material You transmit or post to the Website shall be considered non-confidential and non-proprietary. click4ESOL shall have no obligations with respect to such material. click4ESOL and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

4.2 You are prohibited from posting or transmitting to or from the Website any material:

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or (b) for which You have not obtained all necessary licenses and/or approvals, including photographic model releases; or© which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

4.3 You may not misuse the Website (including, without limitation, by hacking).

4.4 click4ESOL reserves the right to monitor Your use of the Website to ensure lawful use but have no obligation to do so.

4.5 click4ESOL shall fully co-operate with any law enforcement authorities or court order requesting or directing click4ESOLto disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.

5. LINKS TO OTHER WEBSITES

5.1 Links to third party Websites on the Website are provided solely for Your convenience. If You use these links, You leave the Website. Click4ESOL has not reviewed all of these third party Websites and does not control and is not responsible for these Websites or their content or availability. Click4ESOL therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If You decide to access any of the third party Websites linked to the Website, You do so entirely at Your own risk.

6. PROVISIONS APPLICABLE TO REGISTERED USERS

6.1 Each registration is for a single user only. Click4ESOL does not permit You to share Your user name (email) and password with any other person nor with multiple users on a network.

6.2 You shall at all times: (a) provide click4ESOL with accurate information about Your identity; and (b) keep any username and password issued to You strictly confidential.

6.3 If at any time You are aware or suspect that any unauthorised use has or may have been made of Your username or password You shall immediately notify click4ESOL by e-mail at enquiries@click4ESOL.com

6.4 Failure to comply with these Terms in full may result in the termination of Your subscription.

7. DISCLAIMER

7.1 While click4ESOL endeavors to ensure that the information on the Website is correct, click4ESOL does not warrant the accuracy and completeness of the material on the Website. click4ESOL may make changes to the material on the Website, or the prices described in it, at any time without notice. The material on the Website may be out of date, and click4ESOL makes no commitment to update such material.

7.2 The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, click4ESOL provides You with the Website on the basis that click4ESOL excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the Website.

8. LIABILITY

8.1 click4ESOL, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of click4ESOL’s directors, employees or agents, exclude all liability and responsibility for any amount or kind of loss or damage that may result to You or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any Websites linked to the Website or the material on such Websites, including but not limited to loss or damage due to viruses that may infect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing the Website or Your downloading of any material from the Website or any Websites linked to the Website.

8.2 Nothing in this legal notice shall exclude or limit click4ESOL’s liability for: (a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977; or (b) fraud; or ( c) misrepresentation as to a fundamental matter; or (d) any liability which cannot be excluded or limited under applicable law.

8.3 If Your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, You assume all costs thereof.

9. GOVERNING LAW AND JURISDICTION

9.1 This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.

PART B: SUBSCRIPTION SERVICE

10. Terms of Provision

The General Terms as listed above also apply to the Subscription Service. In addition the following conditions apply:

10.1 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.

10.2 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.

10.3 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.

10.4 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.

10.5 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.

10.6 Each Institutional Subscription is for use by the agreed number of individuals within the Institution, according to the Agreement between the Institution and click4ESOL.

10.7 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.

11. Payment and Price

11.1 Payment for the Individual Subscription Service will be processed through the RBS Bibit Service. This Service is governed by a separate Terms and conditions, available to view on the Bibit payment pages.

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

11.3 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.

11.4 Prices for Institutional Subscriptions are exclusive of VAT and VAT will be charged with the invoice.

11.5 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.

11.6 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.

11. Renewals

11.7 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.

11.8 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 enquiries@click4ESOL.com

12. Refunds

12.1 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.

12.2 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.

12.3Any other refunds will be given at the discretion of the Company Management.

13. 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.