Website Terms and conditions
Cambridge University Press is a syndicate of the University of Cambridge and our principal place of business is at the Edinburgh Building, Shaftesbury Road, Cambridge, CB2 8RU, England. We are a not-for-profit organisation and our VAT number is 823847609. You may contact us by e-mail (firstname.lastname@example.org) or by post to the above address.
This page (together with the documents referred to on it) are the terms and conditions on which we supply any of the content (Content) listed on our websites (our sites) to you. These terms and conditions shall apply to the following sites:
You may print a copy of these terms and conditions for future reference.
1.1 The definitions and rules of interpretation in this clause apply in these terms and conditions Agreement.
''Activation Code'' means the Activation code provided by Customer Services to Users or Institutions for the access of any Products. An Activation Code can be entered to access a particular Product.
''Business Day'' means any day which is not a Saturday, Sunday or public holiday in the UK
''Cambridge'' / ''we'' / ''us'' / ''our'' means Cambridge University Press
''Confidential Information '' means information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information in clause 20
''Content'' means Website content and User content whether provided by Cambridge or a third-party.
''Customer Services'' means Cambridge''s Customer Services team who may contact a User or Institution to arrange a purchase of a Product. Customer Services may also provide specific Product support.
''End User Licence Agreement'' means any End User Licence Agreement that any User may be required to accept in order to access a Product.
''Initial Product Period'' means either a period of 12 months from the date of access to a Product, or any other period specified at the point of access.
''Institution'' means any accredited educational Institution organised and operated exclusively for the purpose of teaching its enrolled students or any corporation or business entity supporting or offering educational courses for its employees or other designated third-parties.
''Intellectual property rights'' means all Intellectual property rights including any patent, rights to inventions, utility models, copyright and related rights, database rights,registered design, trade marks, trade names, logos, service marks, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, semi-conductor topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other Intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
''our sites '' means www.cambridge.org,
http://englishgrammarinuse.cambridge.org, http://fourcornersowbs.cambridge.org, http://englishunlimitedowbs.cambridge.org, http://interchangeowbs.cambridge.org,
http://venturesowbs.cambridge.organd any websites notified to you as part of your registration or access from time to time.
''Product'' means any self study or teacher led course(s) accessed by a User whether paid for at full price, discount price, provided without charge or paid for by an Institution on the User''s behalf.
''Product Renewal Period'' means either each successive 12 month period after the Initial Product Period from first registration that the Product is renewed, or any other period specified at the point of any renewal.
''Security Feature'' means any Security Feature implemented by Cambridge including any key, PIN, or password.
''Subscription Fees'' means any Subscription Fees payable by an Institution to Cambridge for User Subscriptions
''Term'' means the Initial Product Period plus any Product Renewal Periods.
''User(s)''/ ''authorised users''/''you''/''your'' means either an individual teacher or student who has registered to use our sites, or an individual teacher or student is authorised to access the Content through a secure network via his/her affiliation with a purchasing Institution as a current teacher, student or employee, and everyone who accesses and/or uses our sites, including people who have registered and people who have been provided with an authorisation code by an Institution or via an offline purchase. References in this agreement to ''you'', ''your'', ''Users'' or ''authorised users'' are interchangeable.
''User content'' means materials and/or messages uploaded or posted to our sites by Users.
''User Subscriptions'' means multiple Activation Codes or User accesses purchased by an Institution for onward distribution to individual Users.
''Virus(es)'' means any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the User experience, including worms, trojan horses, viruses and other similar things or devices.
''Website content'' means all material contained in our sites including without limitation all Products, articles, discussion content, teaching resources, lesson plans, worksheets, classroom activities, exams, answer keys, text, images, scripts and sounds added to our sites by Cambridge.
''Website discussion forum(s)'' means interactive public forums available on our sites. Before Users can upload materials to or download materials from our sites or post messages on our sites forums they must complete registration.
As used in this agreement:
1.2 A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality).
1.3 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.4 Words in the singular shall include the plural and vice versa.
1.5 A reference to one gender shall include a reference to the other genders.
1.6 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
2. Placing an order on our sites and accessing our sites
2.1 By placing an order through our sites, you agree that you are legally capable of entering into binding contracts and are at least 18 years old.
2.2 After placing an order for a Product, you will receive an e-mail from us acknowledging that we have received your order. This does not mean that your order has been accepted by us but it does constitute an offer to us to buy the Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by giving you confirmation on screen, followed by an email containing a link to access (the Confirmation). The contract between us (Contract) will only be formed when we send you the Confirmation.
2.3 The Contract will only relate to the Products we have confirmed in the Confirmation.
2.4 These terms and conditions grant Users a non-exclusive, non-transferable licence to access the Content and any Products purchased on our sites.
2.5 Each User must choose a unique username and password at the point of first registration. Usernames and passwords are personal to the registered User and cannot be re-used by anyone else. Access to Products will be granted for an Initial Product Period from first access.
2.6 Institutions that purchase bulk User Subscriptions are granted a non-exclusive non-transferable right to permit Users to use our sites during the Term solely for the Institutions'' business operations.
2.7 Any Institution that makes a bulk purchase in accordance with clause 2.6 is bound by these terms and conditions and also undertakes that:
2.7.1 the maximum number of authorised users that it authorises to access and use our sites from time to time shall not exceed the number of User Subscriptions it has purchased;
2.7.2 it will not allow or suffer any User Subscription to be used by more than one individual authorised user;
2.7.3 each authorised user shall keep a secure password for our sites and each authorised user shall keep his password confidential;
2.7.4 it shall maintain a written, up to date list of current authorised users and provide such list to Cambridge within 5 Business Days of Cambridge''s written request at any time or times;
2.7.5 it shall permit Cambridge to audit the Institution in order to establish the name and password of each authorised user. Such audit may be conducted no more than once per quarter, at Cambridge''s expense, and this right shall be exercised with reasonable prior notice, in such a manner as not to substantially interfere with the Institution''s normal conduct of business;
2.7.6 if any of the audits referred to in clause 2.7.5 reveal that any password has been provided to any individual who is not an authorised user, then without prejudice to Cambridge''s other rights, the Institution shall promptly disable such passwords and Cambridge shall not issue any new passwords to any such individual; and
2.7.7 if any of the audits referred to in clause 2.7.5 reveal that the Institution has underpaid Subscription Fees to Cambridge, then without prejudice to Cambridge''s other rights, the Institution shall pay to Cambridge an amount equal to such underpayment within 10 Business Days of the date of the relevant audit.
2.8 The Institution shall not access, store, distribute or transmit any Viruses, or any material during the course of its use of our sites that:
2.8.1 is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
2.8.2 facilitates illegal activity;
2.8.3 depicts sexually explicit images;
2.8.4 promotes unlawful violence;
2.8.5 is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
2.8.6 in a manner that is otherwise illegal or causes damage or injury to any person or property, and Cambridge reserves the right, without liability or prejudice to its other rights to the Institution, to disable the Institution''s access to any material that breaches the provisions of this clause 2.8.
2.9 The Institution shall not, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under these terms and conditions, attempt to:
2.9.1 copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of our sites (as applicable) in any form or media or by any means; or
2.9.2 attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of our sites; or
2.9.3 access all or any part of our sites in order to build a product or service which competes with our sites; or
2.9.4 use our sites to provide services to third parties; or
2.9.5 license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make our sites available to any third party except the authorised users, or
2.9.6 attempt to obtain, or assist third parties in obtaining, access to our sites, other than as provided under this clause 2; and
2.9.7 using all reasonable endeavours, allow any unauthorised access to, or use of our sites and, in the event of any such unauthorised access or use, shall promptly notify Cambridge.
2.10 Any rights provided under these clauses 2.6 – 2.8.7 are granted to the Institution only, and shall not be considered granted to any subsidiary or holding company of the Institution.
2.11 Usernames and passwords must be kept confidential and may only be used by the User subject to these terms and conditions. Unauthorised use of the username and password, either with or without the User''s knowledge and consent, shall be considered a breach of these terms and conditions. Users agree to notify Cambridge of any known or suspected breach of security, including loss, theft or disclosure of usernames or passwords.
2.12 The Institution shall ensure that any and all Users'' access to our sites is kept secure and shall use the best available security practices and systems to prevent, and take prompt and proper remedial action against unauthorised access, copying, modification, storage, reproduction, display or distribution of Website content.
2.13 Where Cambridge uses Security Features in relation to the Services (wholly or in part), the Security Features must, unless Cambridge notifies the Institution otherwise, be kept confidential and not lent, shared, transferred or otherwise misused.
2.14 If the Institution becomes aware of any misuse of our sites, or any security breach in connection with these terms and conditions that could compromise the security or integrity of our sites or otherwise adversely affect Cambridge, or if the Institution learns or suspects that any Security Feature has been revealed to or obtained by any unauthorised person, the Institution shall, at the Institution''s expense, promptly notify Cambridge and fully co-operate with Cambridge to remedy the issue as soon as reasonably practicable.
2.15 The Institution agrees to co-operate with the Cambridge''s reasonable security investigations.
2.16 Cambridge may change Security Features on notice to the Institution or the Institution''s Users.
2.17 In respect of Institutions that purchase bulk Products, the Institution shall:
2.17.1 provide Cambridge with:
a) all necessary co-operation in relation to these terms and conditions; and
b) all necessary access to such information as may be required by Cambridge in order to supply our sites;
2.17.2 comply with all applicable laws and regulations with respect to its activities under these terms and conditions;
2.17.3 ensure that the authorised users use our sites in accordance with these terms and conditions and shall be responsible for any authorised user''s breach of these terms and conditions;
2.17.4 ensure that its network and systems comply with the relevant specifications provided by Cambridge from time to time as set out on our sites; and
2.17.5 be solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to Cambridge''s data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Institution''s network connections or telecommunications links or caused by the internet.
2.18 If any unauthorised use is made of our sites and such use is attributable to the act or default of, the Institution then, without prejudice to Cambridge''s other rights and remedies, Cambridge may impede access to our sites.
3.1 Cambridge shall, during the Term, provide the Content and make available the Website content to Users on and subject to these terms and conditions.
3.2 Cambridge shall use commercially reasonable endeavours to make the Content available 24 hours a day, seven days a week, except for:
3.2.1 planned maintenance carried out during a maintenance window, details of which will be notified to Users by an announcement on the Website five Business days prior to the maintenance; and
3.2.2 unscheduled maintenance and in such circumstances Cambridge shall use reasonable endeavours to give the Users and Institutions prior notice.
4. Price and payment
4.1 You must accept these terms and conditions before registering to access our sites and you must accept the necessary End User Licence Agreement before making a purchase of, or accessing, any Product on our sites.
4.2 The price of our products is the price in force on the date and at the time on which we process your order. We make every effort to ensure that the prices on our website are accurate. Nevertheless, as our sites contain a large number of Content it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our order procedures and the price quoted on our sites will be the price you pay. However we are under no obligation to provide the Product to you at an incorrect lower price quoted on our website, even after we have sent you a Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
4.3 Payment for all Products must be by credit or debit card. We accept payment with Visa, MasterCard, Visa Debit, Solo and Maestro. Your card is pre-authorised at the time of making your order, with the payment being taken from your card at the end of the working day on which you make your order. You will need to check with your card provider for any additional handling fees that they may charge.
4.4 An e-mail Confirmation will be sent to you with details of the payment and the purchase made following the purchase.
4.5 The currency of the payment will be determined by your billing address and this is the currency that payment must be made in.
4.6 All purchase prices displayed are inclusive of any applicable sales tax, including VAT
4.7 New Users or Institutions ordering bulk purchases via Customer Services can either apply for a credit account or receive and pay a pro-forma invoice. Customer Services generates Activation Code lists for new Users or Institutions once a credit account has been set up or the payment has been received. Customer Services generates Activation Code lists for existing Users or Institutions with a credit account on receipt of the order. Customer Services creates invoices for purchases of Activation Code lists following existing processes.
4.8 In respect of bulk purchases by an Institution, the Institution shall pay the Subscription Fees to Cambridge for the User Subscriptions in accordance with this clause 4.
4.9 The Institution shall upon the purchase date provide to Cambridge valid, up-to-date and complete credit and/or debit card details or approved purchase order information acceptable to Cambridge in accordance with a proforma invoice provided by Customer Services and any other relevant valid, up-to-date and complete contact and billing details. If the Institution provides its credit and/or debit card details to Cambridge, the Institution hereby authorises Cambridge to bill such credit and/or debit card on the date of purchase for the Subscription Fees payable in respect of the Initial Subscription Term. If the Institution requests to pay by proforma invoice, the Institution shall pay each invoice within 30 days after the date of such proforma invoice.
4.10 If Cambridge has not received payment within 30 days after the due date, and without prejudice to any other rights and remedies of Cambridge:
4.10.1 Cambridge may, without liability to the Institution, disable the Institution''s and its Users'' passwords, accounts and access to all or part of the Products and Content and Cambridge shall be under no obligation to provide any or all of the Content while the proforma invoice(s) concerned remain unpaid; and
4.10.2 interest shall accrue on such due amounts at an annual rate equal to 3% over the then current base lending rate of Barclays Bank plc at the date the relevant proforma invoice was issued, commencing on the due date and continuing until fully paid, whether before or after judgment.
4.11 Cambridge shall be entitled to increase the Subscription Fees, at the start of any Product Renewal Period.
5. Permitted uses
5.1 Users may:
- access, search, and view Content and Products;
- interact, use tools, and view progress results; and
print or make a temporary copy of extracts from the Content and Products (subject to any restrictions detailed on our sites that may be placed on the downloading and printing of Content and Products at page level) for educational, non-commercial teaching purposes, student learning, personal use and/or internal circulation within his/her Institution only and provided that no trade mark, copyright or other proprietary notices contained in or appearing on such Content are removed in whole or in part.
5.2 Nothing in this Agreement shall limit your rights to undertake ''fair dealing'' of the Content as that term is defined under the Copyright, Design and Patent Act 1988.
5.3 All other rights are reserved.
6. Interactive services and User content
6.1 Cambridge may from time to time provide interactive services on our sites, including, without limitation:
- assignment tools and scores
- Website discussion forums
6.2 This clause 6 applies to any and all User content which a User may contribute to our sites via the interactive services.
6.3 You acknowledge that all such User content is the sole responsibility of the User, who shall be solely liable for any misuse. If the User is posting material of any third party, he/she must ensure that he/she has the explicit consent of such third party to post the material on our sites. Any User content is posted without the knowledge of Cambridge and any opinions expressed are not the opinions of Cambridge. Cambridge reserves the right to withdraw User content in accordance with clause 11 below or where, in Cambridge''s sole opinion your use of our sites or conduct on our sites is inappropriate.
6.4 Users must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any User content as well as to its whole.
User content must:
- be accurate (where it states facts)
- be genuinely held (where it states opinions)
- comply with applicable law in the UK and in any country from which it is posted.
User content must not:
- contain any material which is defamatory of any person, libellous, unlawful, threatening or harmful, abusive, harassing, obscene, invasive of another''s privacy, hateful, or racially, ethnically or otherwise objectionable;
- infringe any copyright, database right or trademark of any other person;
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;
- contain software Viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- engage in any commercial activities;
- advertise or promote materials or transmit any ''junk mail'' ''spam'' or ''chain letters'' or any other form of solicitation for goods or services;
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- be threatening, abusive or invade another''s privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent the identity of or affiliation with any person;
- give the impression that the User content emanates from Cambridge, if this is not the case.
6.5 With respect to all User content you upload to our sites or post to our sites discussion forums, you grant Cambridge a licence and right to use, reproduce, publish, translate, distribute and display such User content (in whole or part) throughout the world as part of our sites. This licence is royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable.
6.6 You warrant and undertake that you own or hold the worldwide licence for all Intellectual property rights in any User content you upload to our sites or post to our sites discussion forums and further that you have not otherwise granted any exclusive licence in the same to any other person.
6.7 You acknowledge that Cambridge has no responsibility or liability for the deletion or failure to store any Content.
6.8 Any links to external websites, provided in User content as part of an interactive service, are posted entirely at the User''s own risk and Cambridge excludes all liability whatsoever for such links and any use that may be made of them by a User.
6.9 Cambridge shall not be liable to you or to any other third party for any damage, loss, cost, claim or expense suffered by you or by any other third party arising directly or indirectly from your use of the interactive services or the posting of User content and the use made of it by you or any other individual.
7. Prohibited uses
7.1 In accessing any part of our sites, Users agree NOT to:
- engage in systematic copying or downloading of the Content or any Products or transmit any part of the Content or Product by any means to any unauthorised user;
- allow copies to be stored or accessed by an unauthorised user;
- make Website content available in any other form or medium or create derivative works, in whole or in part, without the written permission of Cambridge ( email@example.com);
- alter, amend, modify or change the Content or any Products;
- reproduce or exploit any Website content, in whole or in part, for commercial gain;
- use our sites in such a way that disrupts, interferes with or restricts the use of our sites by other Users;
- upload, display or transmit any materials through our sites which are false, offensive, defamatory, threatening, obscene, unlawful or which infringe the rights of any other person anywhere in the world;
- reverse engineer, decompile, copy or adapt any software or other code or scripts forming part of our sites or attempt to transmit to or via our sites any information that contains a virus, worm, trojan horse or other harmful or disruptive component;
- change, modify, delete, interfere with or misuse data contained on our sites and entered by or relating to any third party user of our sites; and
- collect or store personal data about other Users.
7.2 Except as expressly stated herein, these terms and conditions do not grant any Institution or User any rights to, or in, patents, copyrights, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Content or Products.
8.1 From time to time Cambridge may run discounts
8.2 Promotional discount codes may be provided to Users:
8.2.1 Promotional discount codes must be used within their validity period when purchasing a Product at the full Product price.
8.2.2 Promotional discount codes may be used upon purchase of a Product. Promotional discount codes may also be used for purchases made by an Institution or an individual, directly through Customer Services or when requesting an Activation Code list.
8.3 Product promotional discounts may be available to Users when Products are being promoted on our sites as follows:
8.3.1 A User will receive a discount when purchasing a Product with a Product promotional discount that is within its validity period at the full Product price.
8.3.2 A Product promotional discount may also be used for purchases made by an Institution or an individual, directly through Customer Services or when requesting an Activation Code list.
8.4 Bulk discounts may be available to Users and Institutions when purchasing bulk Products via Customer Services or when requesting an Activation Code list on the Website:
8.4.1 Bulk discounts may be used in conjunction with other available discounts. The bulk discount will be deducted from the purchase price prior to any promotional discount codes or Product promotional discounts.
8.4.2 A bulk discount may be set if the quantity of Products ordered is sufficient to qualify for a bulk discount. The quantity deemed sufficient shall be determined by Customer Services or the local sales representative.
8.4.3 When a User requests bulk Products on our sites the price displayed is the full Product price multiplied by the number of Products purchased minus any valid promotional discount codes or Product promotional discount. The User will then be informed that a bulk discount may be available and the final price will be confirmed by Customer services or the local sales representative.
8.5 All discounts run in GMT time zone.
9. Intellectual property rights
9.1 Cambridge owns or is licensed to use all Intellectual property rights in and to our sites and all technical infrastructure relating to it.
9.2 Website content is the copyright of Cambridge or published under licence from the copyright holder by Cambridge unless otherwise specified. If Website content is expressly identified as belonging to a third party, Users must contact such third party directly if they wish to use such Content in any way not permitted in these terms and conditions.
9.3 Users undertake to ensure that the Intellectual property rights of the copyright holder and the software owners and the moral rights of the authors of the Content are not infringed.
9.4 ''Cambridge'' is a registered trademark of the University of Cambridge. No trademark, copyright or other proprietary notices contained in or appearing on material taken from our sites may be removed in whole or in part.
Our sites and any interactive services or User content included on it are not moderated by Cambridge. Cambridge will not be responsible as author, editor or publisher of any User content included on our sites and we expressly exclude our liability for any loss or damage arising from the use of the interactive services and/or the User content by any person.
11. Right of withdrawal of access of Website content/User content
11.1 Where Cambridge considers, in its sole opinion, there to have been a deliberate and/or systematic breach of these terms and conditions by you, it reserves the right to immediately, temporarily or permanently withdraw your right to use our sites.
11.2 Where Cambridge has reasonable grounds to believe Content infringes copyright, is defamatory, obscene, unlawful, objectionable or otherwise does not satisfy the provisions of these terms and conditions, it reserves the right to promptly remove, or disable access to, such Content at any time.
11.3 No refund of any fees shall be payable to you in the event of any withdrawal of Content by Cambridge under 11.1 or 11.2 above.
12.1 In the event that you wish to complain about Content included on our sites, you should report the Content to Cambridge at the following address: L2support@cambridge.org. Any such complaint should include the following details:
- name and email address of the User reporting the infringement;
- the nature of the infringement (copyright infringement, obscene or abusive Website content or User content, defamation, etc);
- a hyperlink and reference number (where applicable) to the Content in question;
- confirmation that in the case of someone reporting a copyright infringement, you are the copyright holder or are authorised to act on the copyright holder''s behalf.
12.2 Cambridge will review complaints promptly and will inform you of the outcome of its review within a reasonable time of receiving your complaint.
13.1 These terms and conditions shall remain in full force and effect for the duration of your access to our sites, unless:
- you commit a material breach of these terms and conditions; or
- Cambridge determines (in its reasonable discretion) that you are using our sites in a manner that is detrimental to Cambridge''s reputation, our sites or to other Users, in which case Cambridge may without prejudice to any other rights or remedies that it may have, at its discretion, terminate the agreement, and/or exercise all rights and remedies which may be available to it in law or equity.
13.2 Upon termination of this agreement for any reason:
- all rights granted to you under these terms and conditions shall revert to Cambridge,
- all rights granted by you to Cambridge under the terms and conditions shall remain licensed to Cambridge as set out in clause 6.5; and
- you agree to continue to adhere to the provisions of these terms and conditions relating to any Intellectual property of Cambridge or any third party rights holder.
13.3 Termination of these terms and conditions shall not affect any claim which Cambridge may have for damages or otherwise.
14. Product renewals
14.1 Users will receive an e-mail invitation to renew their Product thirty days, fourteen days and one day prior to expiry of the Initial Product Period unless the Product has already been renewed. Renewal invitation e-mails will contain a link to the relevant page to make a renewal payment.
14.2 The User has seven days from the expiry date of the Initial Product Period to renew a Product that has not already been renewed.
14.3 Upon expiry of the Term the User will not be able to access the Product.
14.4 A Product can be renewed before or up to seven days after the expiry date of the Initial Product Period with the User retaining access to the Product and any Content created by the User on renewal.
14.5 If the User fails to renew the Product before the expiry of the seven day period, set out in clause 14.4, the User must repurchase the Product to gain access to the Product.
14.6 If the User fails to renew the Product before the expiry of the seven day period, set out in clause 14.4, any Content created previously will be lost regardless of any subsequent repurchase save for access by Teachers who will be able to access Content previously created upon renewal regardless of when the renewal occurs.
14.7 Renewal sets the Product expiry date to a new date based on the expiry date of the Initial Product Period.
14.8 When a Product is renewed the price is the full Product price minus any renewal discount. No promotional discount codes or Product promotional discounts are to be used in conjunction with a Product renewal.
15. Use of our sites by minors
15.1 The use of our sites by minors is subject to the consent of their parent or guardian. We advise parents who permit their children to use this website that it is important that they communicate with their children about their safety online. Minors who are using our sites should be made aware of the potential risks to them and of their obligation to comply with these terms and conditions.
15.2 We will do our best to assess any possible risks to minors from third parties when they use our sites website and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in light of those risks.
16. Consumer rights
16.1 If you are contracting as a consumer and have purchased Products then you may cancel at any time within seven working days beginning on the day after you received the information from us about how to access the Product, provided that you have neither accessed nor made any attempt to access the Product in which case this right to cancel shall not apply.
16.2 If you are eligible, you will receive a full refund of the price paid for the Content using the same method originally used by you to pay for your purchase.
16.3 To cancel, you must inform us in writing.
17. Warranty and limitation of liability
17.1 We warrant to you that any Products purchased through our sites is of satisfactory quality and reasonably fit
17.2 Owing to the nature of the Internet Cambridge cannot guarantee that our sites or websites to which they are linked will always be available to Users. You should ensure that you have appropriate protection against Viruses and other security arrangements in place whilst using the Internet.
17.3 Although every reasonable effort has been made to ensure that the information on our sites was accurate at the time of publication, it is subject to variation at any time without notice and Cambridge does not give any warranty that any such information will be accurate or complete at any particular time or at all.
17.4 Our sites and any information or other material contained therein are made available strictly on the basis that you accept it on an ''as is'' and ''as available'' basis. Where you rely on any information or other material contained in our sites, you do so entirely at your own risk and you accept that all warranties, conditions and undertakings, express or implied, whether by common law, statute, trade usage, course of dealings or otherwise in respect of our sites are excluded to the fullest extent permitted by law.
17.5 Cambridge excludes all liability whatsoever, to the fullest extent permitted by law, in respect of any loss or damage resulting or arising from any non-availability or use of our sites or of any other website linked to it, or from reliance on the contents of our sites or any material or Content accessed through it.
17.6 Cambridge excludes all liability whatsoever, to the fullest extent permitted by law, in respect of any loss or damage to any User who accesses Content that is not suitable because of age or appropriateness, or which the User deems to be offensive or otherwise objectionable.
17.7 Nothing in these terms and conditions shall exclude Cambridge''s liability to you for fraudulent misrepresentation by us or our employees or for death or personal injury resulting from Cambridge''s negligence or that of our employees.
17.8 This clause 17 sets out the entire financial liability of Cambridge (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the User or Institution:
17.8.1 arising under or in connection with these terms and conditions;
17.8.2 in respect of any use made by a User of our sites or any part of it; and
17.8.3 in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with these terms and conditions.
17.9 Except as expressly and specifically provided in the terms and conditions of this Licence the User or Institution assumes sole responsibility for results obtained from the use of our sites by the User or Institution, and for conclusions drawn from such use. Cambridge shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to Cambridge by the User or Institution in connection with our sites, or any actions taken by Cambridge at the Users'' or Institution''s direction.
17.10 Cambridge shall not under any circumstances whatever be liable to a User or Institution, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution, or otherwise for, loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss or corruption of data or information, pure economic loss, loss of business opportunity, goodwill or reputation or any special, indirect or consequential loss or damage, charges or expense.
17.11 Other than the losses set out in clause 17.10 (for which we are not liable) Cambridge''s total aggregate liability to Institutions in contract tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these terms and conditions is strictly limited to the purchase price of the Product(s) you purchased.
17.12 We accept no liability for any failure to deliver, or for any delay in delivering, the Product, nor for any defect or damage to the Product that is caused by circumstances beyond our reasonable control.
18. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
19. Use of Statistical Data
19.1 Cambridge shall, under these terms and conditions, be permitted to use statistical data arising out of use of our sites by Users.
19.2 Cambridge undertakes to use this data only for internal editorial purposes, academic research purposes and to monitor usage of our sites and particular Content.
19.3 Cambridge may pass this data to any offices worldwide for the purposes of carrying out the same tasks.
20. Data protection, privacy and confidentiality
20.1 For the purposes of these terms and conditions, personal data has the meaning given in the Data Protection Act 1998.
and http://interchangeowbs.cambridge.org respectively.
20.3 A User''s Confidential Information shall not be deemed to include information that:
20.3.1 is or becomes publicly known other than through any act or omission of the receiving party;
20.3.2 was in the other party''s lawful possession before the disclosure;
20.3.3 is lawfully disclosed to the receiving party by a third party without restriction on disclosure;
20.3.4 is independently developed by the receiving party, which independent development can be shown by written evidence; or
20.3.5 is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
20.4 Cambridge shall hold the User''s Confidential Information in confidence and, unless required by law, not make the User''s Confidential Information available to any third party, or use the User''s Confidential Information for any purpose other than the implementation of these terms and conditions.
20.5 Cambridge shall take all reasonable steps to ensure that the User''s Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of these terms and conditions.
20.6 Cambridge shall not be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party.
20.7 The Institution acknowledges that details of the Services, and the results of any performance tests of the Services, constitute Cambridge''s Confidential Information and are therefore not to be disclosed unless required by law and that it may not make the User''s Confidential Information available to any third party or use the User''s Confidential Information for any purpose other than the implementation of these terms and conditions
20.8 Cambridge acknowledges that the Institution Data is the Confidential Information of the Institution.
21. Anti – bribery and corruption
Cambridge acts in accordance with the UK Bribery Act 2010. Authorised users and Cambridge shall not engage in any activity, practice or conduct which would constitute an offence under the Bribery Act 2010, and all parties shall comply with Cambridge''s anti-bribery and corruption policies ( www.cambridge.org/policy/abc_policy/) which may be revised from time to time.
22.1 You may create a hypertext link to any publicly accessible page of our sites provided such link is not used in a misleading or defamatory context.
22.2 Links from our sites are provided for information and convenience only and Cambridge has no control over and cannot therefore accept responsibility or liability for the Content of any linked third party website. Cambridge does not endorse any linked website.
All notices given by you to us must be given to Cambridge University Press at firstname.lastname@example.org (for all non-legal notices) or email@example.com (for all legal notices). We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.
24. Transfer of rights and obligations
The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
25. No Partnership or Agency
Nothing in these terms and conditions is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
26. Third Party Rights
These terms and conditions do not confer any rights on any person or party (other than the parties to these terms and conditions and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999
27. Force Majeure
Cambridge shall have no liability to an Institution or User under these terms and conditions if it is prevented from or delayed in performing its obligations under these terms and conditions, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Cambridge or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Cambridge or its sub-contractors, provided that the Institution is notified of such an event and its expected duration.
28.1 A waiver of any right under these terms and conditions is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.
28.2 Unless specifically provided otherwise, rights arising under these terms and conditions are cumulative and do not exclude rights provided by law.
29.1 If any provision (or part of a provision) of these terms and conditions is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
29.2 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.
30. Our right to vary these terms and conditions
We may amend these terms and conditions at any time and any revised version will be effective immediately that it is displayed on our sites. You will be subject to the policies and terms and conditions in force at the time that you order Content from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Content).
This agreement is drafted in the English language. If this agreement is translated into any other language, the English language text shall prevail.
32. Law and jurisdiction
Our sites have been designed and these terms and conditions shall be governed by and construed in accordance with the law of England and Wales. Any dispute arising out of the accessing or use of our sites shall be subject to the jurisdiction of the English courts.
Last update: 13 November 2012