Macmillan Test Maker and its associated resources (collectively, the Service) are provided by Macmillan English Campus (Macmillan), a division of Macmillan Publishers Limited (company number 785998), whose registered office is situated at Brunel Road, Houndmills, Basingstoke, Hampshire, RG21 6XS, United Kingdom. The Service is designed to be used by individual Authorized Users who have been authorized to use the Service by the Subscriber, either working either alone or within a class or group.

The Service can be accessed by the Subscriber and its Authorized Users according to a schedule of payments, dependent on the price band selected.

Before registering to become a Subscriber, please read these terms and conditions carefully. All Subscribers must agree to these terms and conditions, for themselves and on behalf of their Authorized Users, before using the Service.

DEFINITIONS

• 'Agreement' means the agreement between the Subscriber and Macmillan incorporating these conditions for the provision of the Service;
• ‘Authorized User’ means (a) every member of the teaching and research staff employed by or otherwise accredited to the Subscriber whether full-time or part time; (b) every student enrolled or accredited to the Subscriber for the purposes of full-time or part-time attendance; and (c) any other individual connected to the Subscriber; in each case who are permitted access to the Service by the Subscriber;
• '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;
• ‘the Test Maker Website’ means the website of Macmillan English Campus whose URL is www.macmillantestmaker.com;
• 'Subscriber' means any person whose subscription has been accepted by Macmillan and whose membership remains valid for the time being;
• 'Service' means the service provided by Macmillan to Subscribers.
• 'Content' means the content provided within the Service.

TERMS

1. Provision of the Agreement

These conditions are a legally binding Agreement between the Subscriber and Macmillan for the provision of the Service.

• Macmillan reserves the right to vary these conditions at any time. In this case, the updated conditions will be posted on the Terms and Conditions page of the Macmillan Test Maker website as soon as the alteration is made.
• Macmillan reserves the right to refuse to register a Subscriber's application for the Service and to terminate access at any time in accordance with these Terms and Conditions.
• Macmillan reserves the right to make changes to the Service or Content 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.
• Subscribers and Authorized Users may not (without prior written permission from Macmillan) redistribute any of the Content 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.
• Subscribers and Authorized Users may download and make photocopies of files indicated on the Service as being available for this purpose for individual use. However, Subscribers and Authorized Users may not (without prior written permission from Macmillan) redistribute any of the photocopiable content of the Service 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.

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

2. Indemnity

Subscribers agree to indemnify and hold Macmillan harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of use of the Service, connection to the Service or violation of these terms and conditions by either the Subscriber or its Authorized Users.

3. Limited Warranty

Macmillan will use reasonable skill and care in making the Service available to Subscribers and in ensuring its continuing availability.

4. Privacy Policy

Macmillan is committed to observing standards ensuring that any and all personal information obtained via the Service is used lawfully and held securely. The information that Subscribers and Authorized Users provide will only be used in accordance with the Privacy Policy published on the Test Maker Website. If you have any questions please contact Macmillan through the Contact pages of the Macmillan Test Maker website available at http://www.macmillantestmaker.com/contact.

When Subscribers purchase the Service from Macmillan, Macmillan uses industry-standard SSL (secure socket layer) encryption to protect sensitive data, such as credit card numbers, during all transactions.

5. Continuity of the Service

Macmillan is continually seeking to improve the Service. However, Macmillan reserves the right, at Macmillan's sole discretion, to make changes to any part of the Service and associated Content. Macmillan will ensure that any changes do not materially decrease the functionality of the Service.

8. Intellectual Property Rights

The Service and Content are protected by copyright, database rights, trade marks and other Intellectual Property Rights. All Intellectual Property rights in the Service and Content are owned exclusively by Macmillan and no right to use or license of any of those Intellectual Property Rights is granted except as explicitly set out in these terms and conditions.

9. Liability

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

Macmillan is 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, Macmillan does not exclude or limit liability for death or personal injury caused by negligence or for any fraud on Macmillan's part, or for any liability that cannot be excluded by law. Save as aforesaid, Macmillan 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 the Subscriber's or its Authorized Users’ use of the Service or Content, or any Subscriber's or its Authorized Users’ inability to use it (whether that loss is direct or indirect).

10. Terms of Provision

In addition the following conditions apply:

• Subscribers and their Authorized Users must provide Macmillan with accurate and complete registration information, including a valid email address and valid credit card details.
• The Subscriber must notify Macmillan immediately if it is believed there has been any breach of personal security such as the disclosure, theft or unauthorized use of personal details
• By submitting an order Subscribers agree that Macmillan may process their subscription and begin the Service - once Macmillan has done so, Subscribers will not be able to cancel the order and receive a refund of the fee paid.
• Each subscription is solely for use by the Subscriber and its Authorized Users. Macmillan reserves the right to monitor usage of the Service using Subscribers’ personal login details. In the event that unauthorized users are accessing the Service using an individual Subscriber's personal login details then, without prejudice to Macmillan's other rights and remedies, Macmillan reserves the right to charge the Subscriber an amount equal to the charges which would have been payable had each unauthorized user subscribed for the Service themselves.
• Illegal and/or unauthorized use of the Service will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.

11. Payment and Price

Payment for subscriptions will be processed by Macmillan Distribution (MDL) a division of Macmillan Publishers Limited.

The prices for subscriptions are displayed on the Macmillan Test Maker website and on Macmillan Test Maker order forms. The subscription prices may be changed from time to time and will be effective from the date of posting on the Macmillan Test Maker website.

All subscriptions are valid for a period of 12 months from the date on which access to the Service is first granted by Macmillan to the Subscriber. At the end of that period, the Subscriber will be automatically invoiced for a further year, whether or not the initial payment was made by invoice or using a credit or debit card. The Subscriber will pay all sums due under this Agreement within 30 days of the date of invoice without any set-off, deduction, counterclaim and/or any other withholding of monies. Payment can be made in several different ways, including by bank transfer and by cheque, of which details can be found on the invoice. No monies willl be deducted automatically from credit or debit cards if this was the original method of payment.

• Prices for all subscriptions are shown exclusive of VAT. VAT will be added to the price of all orders placed from within the EU VAT zone unless a valid VAT number is supplied. Institutions outside of the EU VAT zone will not be charged VAT. All orders from the UK will be charged VAT.
• No payment or refund will be given for any downtime in respect of the Service or for any inability to access the Service due to technical problems beyond Macmillan's control.
• Macmillan reserves the right to terminate access to a Subscriber’s access if payment in full for the service is not received by Macmillan within a month of the subscription commencing.

12. Refunds

• If Macmillan reasonably believes that a Subscriber's or any of its Authorized Users’ personal details are being used in any way which is not permitted by this Agreement, Macmillan reserves the right to suspend access rights immediately on giving notice to the Subscriber concerned until the issue has been resolved. Macmillan may terminate this Agreement by giving notice to any Subscriber in breach of this Agreement and in such case, Macmillan is not obliged to refund any fees paid.
• No refunds will be given except in accordance with a Subscriber’s statutory rights.

13. Guarantee

The Service is provided in its current form and Macmillan does not guarantee that the Service, or any element of the Service will meet any Subscriber's requirements, purpose and/or expectations and does not guarantee that any of the information and/or Content provided in the Service is accurate.

Macmillan does 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.