Collins Education Website - Terms and Conditions

SECTION A

 

1.         INTRODUCTION

 

1.1       Collins Education is an online ecommerce service provided by Collins (a division of HarperCollins Publishers Limited) that allows you (You) to purchase Collins’ Education Book (Books) or subscribe to Collins Education Digital Services (Digital Subscription Services).

 

1.2       Subscription Services will be subject to additional terms contained in the product license. Those terms will vary on a product by product basis. In the event of a conflict between those additional terms and these terms and conditions, these terms and conditions shall prevail. By purchasing a Digital Subscription Service You will be deemed to have accepted the product license terms.

 

1.3       Some facilities and services on this Website are only available to teachers of recognised schools (Teachers) as determined by US.

 

2.         THESE TERMS AND CONDITIONS

 

Any purchase You make from the Website will be subject to these terms and conditions.

 

3.         YOUR ACCEPTANCE OF THIS AGREEMENT

 

3.1       If You wish to make a purchase on the Website You must read this agreement. Your use of the Website will be considered deemed acceptance of this agreement. Acceptance means that You agree to be legally bound by the terms and conditions contained in this agreement.

 

3.2       If You are not willing to accept the terms and conditions contained in this agreement You should leave the Website immediately.

 

3.3       If You are a Teacher and make a purchase on behalf of a school or other educational establishment (School). You will be deemed to have accepted these terms and conditions on behalf of that School.

 

4.         CHANGES TO TERMS AND CONDITIONS

 

We may modify these terms and conditions from time to time and such modification shall be effective upon the terms being posted on the Website. If You do not agree with such modifications You should cease to use the Website. If You use the Website after those terms have been posted on the Website You will be deemed to have accepted them. It is therefore important that You review these terms and conditions regularly to ensure that You are aware of any changes.

 

 

5.         ELIGIBILITY

 

By using the Website You represent and warrant that (a) all registration information You submit is truthful and accurate; and (b) in the event that You are a Teacher using this Website and purchasing Books and/or Digital Subscription Services on behalf of a School that You are authorised to do so by the appropriate person and/or authority. In the event that You make a transaction on a school account when You do not have the requisite authority to do so, You will be personally responsible for all costs and charges resulting from that transaction.

 

6.         TERM AND TERMINATION

 

We may terminate Your use of the Website at any time without warning. The sections headed ‘Warranty’ and ‘Indemnity’ will remain in force notwithstanding termination of this agreement.

 

7.         LOGIN

 

To be able to make purchases from the Website it is necessary to create a login account. This is a password protected account. You are entirely responsible for maintaining the confidentiality of Your password. You agree not to use the account, username, or password of another user of the Website at any time or to disclose Your password to any third party. You agree to notify us immediately if You suspect any unauthorized use of Your account or access to Your password. You are solely responsible for any and all use of Your account. If You are a teacher using the Website You must notify us if You change schools. We reserve the right to close a login at any time and in the case of You being a teacher remove access to School based subscriptions upon being requested to do so by Your Head Teacher.

 

SECTION B

 

1.         EVALUATION COPIES OF BOOKS

 

1.1       Subject to Clause 1.4 of this Section B, Teachers may order a free evaluation copy of a Book on behalf of their School. Evaluation copies will only be sent to Your School address and may only be used for evaluation purposes. Before being able to send an evaluation copy We require the following information [insert].

 

1.2       You may not copy or reproduce any part of an evaluation copy. All rights in the evaluation copy are reserved by US.

 

1.3             If the evaluation copy is unsuitable it must be returned to US within 30 days of delivery by the same method of post as it was sent to You. In the event that it not returned to US in accordance with this Clause 1.3 Your School Account will be charged the full price of the Book. 

1.4             To be eligible to order an evaluation copy your School You must be a recognised UK School (which shall be determined by US in our absolute discretion) and Your School must hold an account with US.

 

1.5             We reserve the right to refuse an evaluation copy in our sole discretion.

 

SECTION C

1.         EVALUATION COPIES OF DIGITAL PRODUCTS

 

1.1             Subject to Clause 1.4 of this Section C, Teachers may request a free 30 day evaluation trial of certain Digital Subscription Services. 

 

1.2             You may not copy, save or reproduce any of part of the Digital Subscription Services. All rights in the Digital Subscription Services are reserved by US.

 

1.3             We reserve the right to terminate at any time and without reason your evaluation trial.

 

1.4             The evaluation trial is limited to 10 free downloads per school from the Website in any 45 day period. A download is classified as opening a file regardless of whether or not the Digital Subscription Service is used.

 

1.5             If following the end of the trial of the Digital Subscription Service You elect not to purchase an annual subscription, Your School will not be granted another trial to the same Digital Subscription Service for a period of 45 days.

 

2.         SUBSCRIPTION SERVICES SYSTEM REQUIREMENTS

 

2.1       It is Your responsibility to check system requirements of ICT/Digital Subscription Services before making a purchase from this Website. Please see the Subscription Services product page in this respect.

 

2                    Our Technical Help Team will use their reasonable endeavours to assist You with any general queries You may have with the Digital Subscription Services but We are unable to assist or offer support the Digital Subscription Service where We believe the issue/fault is with Your operating system.

 

2.3             From time to time We may need to suspend the availability of Digital Subscription Services to carry out maintenance work. We will endeavour to give You 48 hours notice of such work but there maybe occasions where We are unable to do so.

 

2.4       We reserve the right to re-design, replace or withdraw a Digital Subscription Service. We will always endeavour to give You at least 45 days notice of our intention to do so where circumstances reasonable permit Us to do so. In the event that We withdraw a Digital Subscription Service We will offer a pro rata refund.

 

3.         PURCHASE OF DIGITAL SUBSCRIPTION SERVICES

 

3.1             It is important that You purchase the correct Digital Subscription Service.

 

3.2             Digital Subscriptions Services are available on an annual basis only. Digital Subscription Services are available on either an ‘individual basis’ which allows one user to access the Digital Subscription Service or a ‘school subscription basis’ which enables [any] number of Teachers within a School to access the Digital Subscription Service. Each Teacher will need to have a valid login (see above) to make use of a ‘school subscription’.

 

3.3             A ‘school subscription’ entitles You or other Teachers in Your School to store materials from the resource download sites on the schools Virtual Learning Environment. An ‘individual’ subscription does not entitle You to store any materials on Your schools Virtual Learning Environment.

 

3.4             Digital Subscription Services or any materials comprised thereof may not be shared between Schools.

 

3.5             In the event that You purchase a Digital Subscription Service either on an ‘individual basis’ or on a ‘school basis’ and wish to cancel that Digital Subscription Service within 30 days from the commencement date of the Digital Subscription Service We will provide a full refund. After 30 days no refunds will be given. Any queries relating to refunds under this clause 3.5 should be directed to our customer services team.

 

3.6             Following the purchase of a Digital Subscription Service, a product access link will be added to the ‘My Subscription page’ of the ‘My Collins Education’ section of the Website and in the case of a ‘school subscription’ the ‘My Subscription’ page of other Teachers of Your school who have a valid login.  This section of the Website will also inform You of all details pertaining to the Digital subscription Service You have purchased.

 

3.7             Digital Subscription Services may be purchased either by credit card (see below) or by School account (see below).

SECTION D

 

1.         SALE

 

1.1       You may place an order for Books and/or Digital Subscription Services by submitting an order via the URL page on the Website. We shall confirm acceptance of Your order by email only and will supply the Books and/or Digital Subscription Services to You in accordance with Your order. In the event that You do not receive an email confirmation, Your order shall be deemed to have been rejected. (If You wish to pre-order unpublished Book or a Digital Subscription Services that is not yet available You should contact our Customer Services Team.)

 

1.2       Any representation which is not confirmed by email by us will not be binding on us. 

 

1.3       We shall have no obligation to supply Books to You upon the Books having ‘sold out’ or the Digital Subscription Services ceasing to be available. In the event that We inadvertently confirm an order when in fact the Books have sold out or the Digital Subscription Services have ceased to be available our only obligation to You shall be to make a refund to You of the price paid. If Books and/or Digital Subscription Services are temporary unavailable We shall notify You of this and supply Your Order as soon as the Books and/or Digital Subscription Services become available.

 

1.4       Whilst We endeavour to ensure stock levels on the Website are correct We cannot guarantee that there will not be instances when stock levels on the Website may be incorrect.

 

2.         ORDERS AND QUOTES

 

2.1       In placing an order for Books and/or Digital Subscription Services You acknowledge that: 

 

2.1.1   All information and specifications relating to them are approximate only; and 

 

2.1.2   The limitations of monitor capabilities and of printers mean that the colour of the products on the Web Site may vary from the Books and/or Digital Subscription Services supplied to you. 

 

2.2       Any error on the Website or other document or information issued by US may be corrected without any liability to US.

 

2.3       We may make any changes in the specification of the Goods and/or Subscription Services to conform with any statutory or European Union requirements.

 

3.         RIGHT OF WITHDRAWAL FOR BOOKS

 

3.1       We are happy to give a refund against unsuitable Books provided they are unused (AND provided the goods are in re-saleable condition) for a period of 3 months after they have been delivered to you. To obtain a refund you need to return the Books to US by the same method as they were sent to you. We will Credit the card used to pay for the Goods in the amount invoiced and/or Your School account as the case maybe. Any queries relating to returns should be directed to our Customer Services Team.

 

3.2       In the case of return, you will be responsible for the cost of returning the Books to us in the event that the Books have been dispatched by us prior to receipt of the written notice of withdrawal. 

 

3.3       The right of withdrawal contained in Clause 3.1 does not apply to Digital Subscription Services which become non-returnable at the moment of download.

 

4.         PRICE 

 

4.1       The price of Books and/or Digital Subscription Services shall be the price quoted on the Web Site on the date of acceptance of the order by US, subject to any inadvertent pricing errors (whether technical or otherwise).

 

4.2       The price of the Books does not include the cost of delivery. Delivery costs are additional to the price of the Books and are detailed on the Website. If the delivery address for Your Order is outside of the UK our Customer Services Team will contact You to confirm shipping costs. No delivery charge is payable for Digital Subscription Services downloaded from the Website.

 

4.3       Books ordered outside of the United Kingdom will be billed to Your credit card provider in British Pounds but will appear on Your credit card statement in Your local currency. The final billing amount may vary from that shown on the ‘currency converter’ as a result of the currency exchange rate applied by your credit card provider.

 

4.4       Any sales or other taxes that are chargeable will be charged at the rates from time to time in force.

 

5.         PAYMENT TERMS 

 

5.1       Payments shall be made by credit card on the date on which your order is accepted by us or in the case of a School to Your School account where applicable. 

 

5.2       Credit cards accepted by us are those listed on the Web Site. 

 

5.3       If you are ordering on behalf of a School and on an ‘account’ basis Your Order will be delivered to Your School’s address. To be eligible to pay on an ‘account’ basis you must have opened an account with us. All accounts are subject to credit checks.

 

6.         DELIVERY 

 

6.1       Books will be dispatched, if in stock, within two working days of the Order being confirmed by US (if the Order is received before 3.00pm) and will be delivered to the address specified in the Order only. Downloadable digital products will be available for ‘download’ upon the Buyer’s payment being authorized by the relevant clearing bank.

 

6.2       Time for delivery shall not be of the essence.

 

6.3       If you do not take delivery of the Books or give us adequate delivery instructions then We may store the Books until actual delivery and charge Your for the reasonable costs (including insurance) of storage. We shall not owe you any duty of care under this Clause 6.3 and shall not be liable to you for any loss, damage or deterioration of the Books during storage. 

 

6.4       If the Books delivered to you does not include all of the Books ordered by Your or the incorrect Books, You shall inform US in writing within 14 working days from the date of delivery. If you do not so inform US in writing, we shall not be responsible for any loss or damage suffered by you as a result of such delivery. In any event, our liability shall be limited to the price of the Books not delivered or the cost of the replacement Books. 

 

7.         RISK AND OWNERSHIP

 

7.1       Risk of damage or loss of the Books shall pass to you on delivery or, if you fail to take delivery of the Books, the time when we have tried to deliver the Books. 

 

7.2       Title in the Books shall pass to you on delivery, subject to cleared payment. 

 

8.         INTELLECTUAL PROPERTY 

 

8.1       All intellectual property and other proprietary rights (including, but not limited to, copyright and trademarks) and all technical, business or similar information (including but not limited to, all designs, documents and other materials relating to the Books and/or Digital Subscription services) created by US shall be, and shall remain, the property of US only. 

 

 

9.         WARRANTY AND LIABILITY 

 

9.1       Nothing in this clause 9 shall exclude our liability for death or personal injury caused by its negligence. 

 

9.2       Subject to the conditions set out below We warrant that the Books/ and or Digital Subscription Services will correspond with the Order at the time of delivery and will be free from defects on delivery. 

 

9.3       If We are in breach of the warranty contained at clause 9.2 above, You shall advise Us in writing immediately and in any case not later than 14 working days from the date of discovery of the defect. 

 

9.4       On receiving a notice under clause 9.3 above, We will refund the price of those Books and/or Digital Subscription Services which are defective in the event that We are unable to provide You will an adequate replacement.

 

9.5       The warranty contained in clause 9.2 shall be the extent of Our liability for defective Book and/or Digital Subscription Services. 

 

9.6       The Books and/or Digital Subscription Services are not tested and sold as fit for any particular purpose and any terms of warranty or condition express implied or statutory to the contrary is excluded to the extent allowed in law. 

 

9.7       Save as expressly provided in these Conditions, and except where the Books and/or Digital Subscription Services  are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties conditions terms and liabilities express or implied by statute or common law are excluded to the fullest extent permitted by law and We will not be liable to You for any loss of any kind whatsoever which arises out of the breach of implied warranties or conditions or breach of any other duty of any kind imposed on US by operation of law. 

 

9.8       We will not be liable for any of the following losses which may arise by reason of any breach of the Contract or any implied warranty, condition or other term, any representation or any duty of any kind imposed on us by operation of law: 

 

9.8.1   Any loss of anticipated profits or expected future business; 

9.8.2   damage to reputation or goodwill; 

 

            9.8.3   Any damages costs or expenses payable by the Buyer to any third party; 

 

            9.8.4   Loss of any order or contract; or 

 

            9.8.5 Any consequential loss of any kind. 

 

9.9       Unless otherwise provided in these Conditions, and subject to clause 9.5, Our liability for breach of any express or implied term of this Agreement shall be limited to the reasonable cost of remedying any defect in the Books and/or Subscription Services or other matter constituting a breach and in no circumstances shall Our liability exceed the total amount paid by You to US in respect of the defective Books/ and or Digital Subscription Services. 

 

9.10    If, notwithstanding the provisions of this clause 9, liability attaches to US in no circumstances shall Our liability to You for a breach of any express or implied terms of the Contract or any other duty of any kind imposed on US by law arising out of or in relation to the Contract exceed the total amount of Your Order. 

 

9.11    Without prejudice to any other provision of this clause 9, We will not be in breach of the terms of the Contract for any delay in performing, or failure to perform, Our obligations under the Contract if that delay or failure was due to any cause or circumstance beyond Our reasonable control. 

 

10.       TERMINATION 

 

10.1    We may terminate this Contract or any other contract between the parties and may cancel or suspend future deliveries (under this Contract or any other contract) if you: 

 

     10.1.1 Are in breach of these Conditions or any other contract between the parties; or 

 

     10.1.2 You have a petition presented for Your winding up or for an administration order to be made in respect of You; You have a receiver or administrative receiver appointed over Your assets; resolves to wind Yourself up (other than for a solvent reorganization); You have a bankruptcy order made against You or You propose to enter into a composition or voluntary arrangement with Your creditors. 

 

10.2    Termination shall not affect either party's accrued rights under the Contract. 

 

11.       WITHDRAWAL AND USE OF GOODS 

 

11.1    We may withdraw the sale or distribution of any Books and/or Digital Subscription Services produced by or generally supplied US without prior notice, or liability, to you. 

12.       GENERAL 

 

12.1    Any notice required under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or any other address notified by the receiving party to the party giving the notice. Any notice shall be deemed to be served: 

 

12.1.1 if sent by pre-paid first class post to the party to whom it is given, on the day it is posted; or 

 

12.1.2 If sent by pre-paid air-mail post to the party to whom it is given, on the day it is posted; or 

 

12.1.3 If sent by fax to the recipient's fax number at the date and time given on the sender's transmission acknowledgement slip or (in the case of manifest error or loss of the slip) on the day on which it is sent.

 

12.1.4 If left at address given in which case it is taken to have been given on the day on which it was left.

 

12.1.5 If sent by e-mail to the business e-mail address in which case it is taken to have been given on the day on which it was sent. 

 

12.2    If any of these Conditions is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby and shall continue to be valid and enforceable to the fullest extent permitted by law. 

 

12.3         The Contract and these Conditions shall be under English law and the parties submit to the exclusive jurisdiction of the English Courts if there are any disputes between them of any kind. 

 

12.4         You shall not transfer, assign or sub-contract its obligations or rights under the Contract without Our prior consent in Writing. 

 

12.5         Failure or neglect by US to enforce at any time any of these Conditions shall not be a waiver of our rights and it shall not affect the validity of the whole or any part of these Conditions or prejudice our right to take subsequent action. 

 

12.6         Nothing in these terms and conditions is intended to confer on any third party any benefit or any right to enforce any terms contained in these terms and conditions.