These terms and conditions (‘Terms') apply to shop.macmillaneducation.co.bw  Online Shop (the Service). They apply regardless of the means of delivery of the Service to you. The Service is provided by Macmillan Botswana Publishing Company Proprietary Limited (‘company’, ‘we', ‘us' or ‘our'), with registration number BW00000760325 whose registered office is situated at Plot 22050, Kgomokasitwa Road, Gaborone West Industrial, Gaborone.

These Terms were last updated on 17 October 2025.

Please read these Terms carefully before using the Service. If you are under 18 years of age, please be sure to read these Terms with your parents or guardian. If you are a parent or guardian and you provide your consent to your child's registration for the Service, you agree to be bound by these Terms in respect of their use of the Service.

Thank you for using the Service. In consideration of us making the Online Shop and its functionality available for your use, you accept and agree to be bound by these Terms. If you do not accept these Terms, do not use the Service. 

We may change these Terms from time to time, so you should review them each time that you use the Service. You should print a copy of these Terms for future reference. The Service can be accessed by a User free of charge or in respect of specified services on payment.

DEFINITIONS

The definitions and rules of interpretation in this clause apply in this agreement.

• ‘Agreement' means the agreement between you and us incorporating these Terms for the provision of the Service;

• ‘Service' means the service provided by us to you. Some of the services on the Site are free to access (‘Registered Service') and others are only available on a paid-for basis (‘Subscription Service').

• ‘Online Shop’ means any online shop for the sale of Products by the Company to which these Terms apply.

• ‘Site' means our Online Shop at URL shop.macmillaneducation.co.bw or such other URL that we may use to provide the Service from time to time;

• ‘Products’ means the Digital Content in the Site, including Subscriptions.

• ‘Digital Content’ means any form of digital images, texts, sounds, audio-visual content and software (or combinations thereof), which is not delivered on a tangible medium.

• ‘Subscription’ means the regular supply of Digital Content; or access to Digital Content, but not including Rentals.

• ‘Intellectual Property Rights' means all patents, database rights, copyright, design rights (whether registered or unregistered), trademarks (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;

• ‘You' or ‘your' means the person, User or institution whose application for Usership of the Service is accepted by us.

• ‘User' means any natural person whose registration or subscription has been accepted by us and whose Usership remains valid for the time being;

PART A: GENERAL TERMS

1. Provision of the Agreement

These Terms are a legally binding Agreement between you and us for the provision of the Service, including the Registered Services and the Subscription Services.

• You acknowledge that you do not rely on any representation and/or warranty that has not been made in accordance with these Terms.

• We reserve the right to refuse to register applications for the Registered Service, the Subscription Service and to terminate access at any time.

• Access to the  Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide on the Site without notice. We will not be liable or responsible if, for any reason, the Site is unavailable at any time or for any period.

• The information and materials on the Site are not intended to amount to advice on which reliance should be placed by you. As such, we disclaim all liability and responsibility arising from any reliance placed on such information and materials by any visitor to the Site, or by any person who may be informed of any of its content.

• Use of the Service on the Site requires compatible devices, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended. The latest versions of required software (including, but not limited to, the Macmillan Education Everywhere Application) may be required for certain transactions or features and to download products purchased from the Site. You agree that these requirements, which may change from time to time, are your responsibility.

• Unless otherwise stated in these Terms, you must not (whether directly or indirectly)

1. distribute, transmit, syndicate, sell or offer to sell or otherwise make available all or any part of the Site or any content, files, feeds or data from the Site, whether publicly available or not; or

2. copy, download or store any content, files, feeds or data from the Site, whether publicly available or not, to make or populate a database or publication of any kind.

• You may download and make photocopies of files indicated on the Site as being available for this purpose for personal use or for pedagogical purposes with a class. However, you may not (without prior written permission from us) redistribute any of the photocopiable content of the Site or supply it to other people (including by using it as part of any library, archive, intranet or similar service); remove the copyright or trademark notice; create a database in electronic or structured manual form by systematically downloading and storing all or any of the content; modify, reproduce, sell, lend, hire out or in any way commercially exploit any of the content.
• You must not use or allow others to access or use, all or any part of the Site or the contents and/or applications on it for commercial purposes without our permission.
• Users should be aware that content and applications may be removed from the Site with or without notice at any time and reliance on their continued availability is at the user's risk.
• If you are under 18, your parent, guardian, or teacher must register you on the Site; we reserve the right to seek any form of verifiable parental consent we believe appropriate at any time.  
• As described in these Terms, some of our content is made available as part of a paid-for Service. You are not permitted to deliberately attempt to access that content without paying the applicable Subscription fee. Any attempt to do so is a breach of these Terms and may also constitute an offence as a matter of law. We reserve the right to enforce our rights under these Terms or at law (any failure to do so is not a waiver of these rights).
• To seek permission to do anything prohibited by or not contained in these Terms, or which requires our prior consent or agreement, you can contact us by emailing: help@macmillaneducation.com. 

2. Contacting us

You can contact us by following the instructions found on the “Contact Us” page on our Site.

3. Linking to the Site

You may establish a link to the Site, provided that:

• the link is not detrimental to and/or does not take unfair advantage of our reputation or business;

• the link does not falsely suggest that we endorse, approve of or are associated with your Site or any of its contents; and

• framing is not allowed and you must not provide access to the Site or part of it under any other URL (e.g. by domain forwarding, URL redirection or similar).

4. Registration

• Where you are required to register to use the Service or part of the Site, it is your responsibility to provide accurate and complete registration details and to keep such details up to date. We are entitled to rely on any such registration details you provide to us.

• Unless stated otherwise, each registration is for a single user only and not for multiple users. You must keep your registration details confidential. You are solely responsible for any loss or damage you or we may suffer as a result of your failure to do so.

• Your registration on the Site must be in your own real name, not under any false or assumed name, and not with any other person’s identity. You must not pretend to be a different person. You must provide a valid email address when you register for the Service. If you provide an email address to us, you warrant to us that you are entitled to receive email at such an address. You also acknowledge and agree that we may stop sending emails to you without prior notification.

• You are responsible for everything done using your registration details. You must not disclose your login details to any other person. If you think that another person may have access to or be using your registration details, you must inform us immediately.

• We may suspend, terminate, or prevent your account and/or your access to any or all of the Service at our sole discretion. Where we suspend, terminate, or prevent your registration, you must not attempt to re-register or submit any content, material, or applications without our prior written consent.

• You may terminate your registration at any time by emailing help@macmillaneducation.com.

• For the avoidance of doubt, where we suspend, terminate, or otherwise prevent your account or your access to the Site, we may continue to publish or use your Content (as defined in clause 6 and 7) in accordance with the provisions of these Terms  and conditions.

5. Privacy Policy

We will use your personal information in accordance with our Privacy Policy, which forms part of these Terms. Please read our Privacy Policy now.

6. Your content – what we are allowed to do

We may publish, check, edit or remove all or part of the comments, posts, applications, any of your user-generated content or other material, including your name, town and country, which you submit to us (‘your content'), at our sole discretion. However, we are not obliged to do any of these things and we may not.

Except as otherwise specified in these Terms, you retain any copyright you may have in your content. By submitting your content to us, you grant us a royalty-free, perpetual, irrevocable, non-exclusive worldwide licence to use, copy, edit, adapt, publish, translate, sub-license, create derivative works from, make available, communicate and distribute your content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. By submitting your content, you warrant that you have the right to grant this licence. To the extent permitted by law, you waive your moral rights (e.g. the right to be identified as author or to object to derogatory treatment) in your content.

This clause 6 means, for example (without limitation), that we can:

• Continue to publish all or part of your content, including applications, your name, town and country, even if you change your mind and want us to remove it and/or you are no longer registered with the Site;

• Remove your content, even if you have not breached these Terms.

• Use all or part of your content in promoting our products and services (e.g. we may use a screenshot including your comments or applications in our advertising);

• Reproduce your trade marks, trade names, service marks, logos, domain names or other identifying signs or images;

• Publish and/or distribute widgets and applications similar to yours and bearing our or another user's branding or logo without incurring any liability to you;

• Edit your content, which may result in a part of it being modified and displayed, including without your name.

Please note that we do not check, monitor, moderate or even see all the comments and other material submitted to us. While some comments and the applications may be pre-moderated (i.e. checked in advance by us before publication), some comments and other content is not.

7. Your content – what you are not allowed to do

You must not submit any material to the Site which:

• is inappropriate. Material will be considered inappropriate if that material is (a) defamatory, abusive, malicious, threatening, false, misleading, offensive, discriminatory, harassing, blasphemous, racist or sexist, (b) contains taunts, rudeness, insults, name-calling, indecent suggestions, profanity; (c) quotes others of out context to create misleading or negative impressions; (d) is indecent, obscene or of a sexual nature; (e) is a breach of confidentiality or someone's privacy;

• could prejudice any active legal proceedings of which you are aware;

• is not in the English language;

• contains accusations of impropriety or personal criticism of Macmillan Education/onestopenglish staff;

• is likely to: (a) cause someone alarm, anxiety or distress; (b) incite others to breach civil behavior; (c) encourage violence or racial or religious hatred;

• infringes any Intellectual Property Rights. This means generally that you must own the rights in everything you submit or must obtain permission from the rights owner to submit the material;

• is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct);

• offers, advertises or promotes any product or services or makes any requests for donations or financial support;

• constitutes spam or junk content;

• impersonates anyone else or otherwise misrepresents your identity, affiliation or status;

• is, encourages or teaches conduct that is a criminal offence, gives rise to civil liability, or is otherwise unlawful; or

• is in breach of these Terms and our Privacy Policy 

You may only include links on the Site to any third party Sites or web pages if:

• the content of or linking to such Sites or webpages does not breach any of the prohibitions listed above;

• the terms of use of such Sites or web pages allows such linking;

• links are clearly and visibly marked as such;

• the content of any linked Site is relevant and clearly related to the content to which it is linked; and

• the link will not result in any automatic download.

You must not attempt to avoid or undermine any protections we put in place for the security and operation of the Site.

Unless you have our express permission to do so, you must not re-submit content or applications which you are aware have been removed.

You will not disclose your password to anyone; you are responsible for all submissions to the Site made using them. If you know or suspect that someone else knows your password, you will let us know immediately by contacting help@macmillaneducation.com. We may suspend or change your password if there is a breach of security or misuse of the Site, or if we suspect that this is the case.

8. Intellectual Property Rights 

This Site and its content are protected by copyright, database rights, trademarks and other Intellectual Property Rights. All Intellectual Property rights in the Service, the Site and its content is owned by us and no right to use or licence of any of those Intellectual Property Rights is granted except as explicitly set out in these Terms.

9. Our Liability

The information contained on the Site is for information purposes only and does not constitute advice. You should check any information on the Site and use your own judgment before doing or not doing anything on the basis of what you see. We make no representations or warranties with respect to the Site or its contents. All warranties, including without limitation the implied warranties of satisfactory quality and fitness for purpose relating to the Site and/or its content and/or any Site to which it is linked are excluded to the fullest extent permitted by law. No representations or warranties are given as to the accuracy or completeness of the information provided on the Site, or any Site to which it is linked.

Except for liability for fraudulent misrepresentation or deliberate breach of these Terms by us, we are not liable for:

• any action you may take as a result of relying on any information provided on the Site or for any loss or damage suffered by you as a result of you taking this action;

• any dealings you have with third parties (e.g. other users, advertisers or promoters) that take place using or facilitated by the Site;

• any liability for losses which are not a foreseeable or likely consequence of (a) your use of the Site, or (b) a breach of these Terms;

• any business loss connected with your trade, business or profession.

We are not responsible if you cannot access the Site properly or at all or if some of its features are unavailable to you because of any event outside our control, for example (without limitation) the performance of your or our Internet Service Provider, your browser or the internet or limitations in the capability of your accessing device.

We have no liability to you for any loss or inconvenience suffered from the unavailability or withdrawal of content and/or applications from the Site. We may withdraw content and/or applications from the Site at any time at our discretion, with or without notice to users.

The Site relies in part on software to work. Software has bugs. Whilst we will monitor the Site and try to fix bugs, we cannot guarantee that the Site or any individual feature of the Site Will be error free, available all the time and/or free from viruses.

However, nothing in these Terms will affect any liability we may have for death or personal injury arising from our negligence or any other liability which cannot be excluded or limited by law.

10. Maintenance of the Site

Making your use of the Site enjoyable means we need to fix bugs, install updates and do general diagnosis and maintenance of the Site, which may make the Site less accessible or available for your use during those times.

We also need to be able to do emergency maintenance and/or suspend access to the servers where, in our reasonable discretion, we see the need to do that. We will try to have the Site available again as soon as we think it is safe to do so.

11. Termination

This Agreement will terminate if you or we are in material breach of any of its terms and if the breach is not remedied within the period of twenty working days after written notice of it has been given to the party in breach. If we are in material breach as a result of circumstances within our control, you will be entitled to pro-rata return of the applicable charges.

On termination of this agreement for any reason: 

1. all licences granted under this agreement shall immediately terminate;

2. subject to the exceptions in this sub-clause, you will take reasonable steps to delete our content from your electronic media, including your intranet and electronic storage devices so that you no longer have an electronically functional copy of the content. However, you are not required to delete from your electronic media any part of the content that before termination has been substantially amended by you. You are not required to delete or destroy printouts containing our content that were made prior to termination, or copies of such printouts;

3. we may destroy or otherwise dispose of any of the subscriber data in our possession; and

4. termination shall not affect or prejudice the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination.

12. General provisions

• The rights provided under this agreement are granted to you only and should not, without our prior written consent, be considered granted to any subsidiary or holding company. You may not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with your rights or obligations under this Agreement.

• This Agreement is not intended to benefit anyone other than you and cannot be enforced by a third party under these Terms.

• Unless specifically provided otherwise, rights arising under this Agreement are cumulative and do not exclude rights provided by law.

• If any provision (or part of a provision) of Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

• 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.

• This Agreement, the charges invoice and any agreed written record identifying authorized users, constitute the entire Agreement and understanding of the parties. They supersede any previous agreement between the parties relating to the subject matter of this Agreement. Each of the parties acknowledges and agrees that it does not rely on any statement, representation, warranty or understanding (whether negligently made or not) of any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. The only remedy available to it for breach of the Agreement shall be for breach of contract under the terms of this Agreement.

• Botswana law governs this Agreement and the parties submit to the non-exclusive jurisdiction of the Botswana courts.

PART B: PURCHASING A PRODUCT

1. Terms of provision

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

• Our Site pages will guide you through the steps you need to take to place an Order and purchase a Product with us. Our Order process allows you to check and amend any errors before submitting your Order to us. Please take the time to read and check your Order at each page of the Order process.

• After you place an Order, you will receive an email from us confirming acceptance of your Order (“your Order Confirmation”). The Contract between us will only be formed when you receive an Order Confirmation.

• If we are unable to supply you with a Product, for example because that Product is no longer available, we will inform you of this by email and we will not process your Order. If you have already paid for the Product, we will refund you the full amount including any delivery costs charged as soon as possible.

• You can only purchase Products from the  Site if you are at least 18 years old. If you are less than 18 years old, you can only purchase the Products with the involvement of a parent or guardian.

2. Ordering products

• User may put any Product in the shopping cart by clicking the relevant button on the Product page. User can review the content of the shopping cart at any time and may alter the number of copies (for goods only) or remove Products from the shopping cart or terminate the order process before submitting their order.

• By clicking the confirmation button, User submits their order. Macmillan Education will send User a confirmation of receipt; The Agreement will not be filed and will not be accessible to User, but Macmillan Education will include the Terms and Conditions in the confirmation email.

• Should the payment process not be completed successfully, i.e. Macmillan Education does not receive a confirmation of Customer’s payment from the relevant payment service provider, Macmillan Education will not confirm the order, but notify Customer of the failure of payment, and no contract will be deemed made.

3. Payment and invoicing

Payment for the Service will be processed through the DPO Group Checkout Service . This Service is governed by separate terms, available to view on the ;DPO Group website.

You shall provide to us valid, up-to-date and complete credit card details or approved purchase order information acceptable to us and any other relevant valid, up-to-date and complete contact and billing details and, if you provide: 

1. your credit card details to us, you hereby authorize us to bill such credit card on the effective date for the charges payable; and subject to 30 days prior written notice not to renew, on each anniversary of the effective date for the charges payable in respect of the next renewal period of twelve months;

2. for  Subscription your approved purchase order information to us, we shall invoice you on the effective date for the charges payable in respect of the Initial Subscription Term; and, subject to 30 days prior written notice not to renew, at least 30 days prior to each anniversary of the effective date for the charges payable in respect of the next renewal period of twelve months, and you shall pay each invoice within 30 days after the date of such invoice.

3. If we have not received payment within 30 days after the due date, and without prejudice to any other rights and remedies we may, without liability to you, disable your password, account and access to all or part of the Services and we shall be under no obligation to provide any or all of the Services while the invoice(s) concerned remain unpaid.

4. All amounts and fees stated or referred to in this Agreement shall be payable in Botswana Pula and are, except where specifically stated otherwise, non-cancellable and non-refundable. Prices for 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. 

5. You shall pay all sums due to us under this Agreement by the means of the payment specified in our Site and without any set-off, deduction, counterclaim and/or any other withholding of monies.

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.

7. Occasionally we may offer promotional discount codes. Information in our advertising materials may contain pricing errors, or other errors or inaccuracies, which we may correct without liability. You must enter the code as part of the payment process, as it cannot be applied later. We may run more than one promotion simultaneously; in all cases, only one code can be applied per order. Some codes will only work for specific countries or specific types of customers (e.g. new subscribers only). If you have been given a promo code that is meant just for you, please don't share it widely (e.g. on social media). We reserve the right to modify, suspend or end all our events or promotions at any time. If a campaign has an advertised end date, we will only end it early in case of issues beyond our control, e.g. technical errors or misuse of a code.

4. Delivery

All our Products will be delivered via email to the email address provided to us at the time the Order is placed.

Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Agreement. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by anything in these Terms. Should you wish to discuss anything in relation to your rights in relation to our products or this Agreement we can be contacted at help@macmillaneducation.com or via our contact us page. 

5. Access Codes

You may be required to use a unique access code provided to you to access the Products purchased via the Site. The code can only be used once. If any products, content, or software made available for downloading from the  Site are removed, you will not be able to use the code to access any such products, content, or software, as applicable.

6. Refunds

Under the Consumer Protection Act (2018) and the Electronic Communications and Transactions Act of 2014 (ECT Act), you are entitled to a seven (7) or ten (10) day cooling-off period that begins on the day after you enter the Agreement to use the Subscription Service. During this time you have the right to cancel your Agreement 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 Site, you will not be able to cancel the Agreement without our agreement.

1. Refund Eligibility

   • When a User/customer purchases a Product, they receive a voucher activation code via email.

   • If the voucher has not been activated, the User/ customer may request a refund within 7–10 days of purchase, in accordance with the Acts.

   • A 10% administration fee should apply to all refunds to cover payment gateway costs.

   • Once the voucher has been activated or used, no refund can be processed, as the product is considered consumed and non-reversible.

2. How to Request a Refund

   • Users/ customers must use the Macmillan Botswana contact form using the Sales or other enquiry selection form to request a refund. In their request, they must include:

     • Order number

     • ISBN

     • Voucher activation code

     NB: A confirmation email is sent to the User/ customer with the correct title and ISBN to help verify the purchase.

3. Refund Timelines and Method

   • Refunds can take up to 20 working days to appear in the customer’s account.

   • Refunds will be made to the original payment method used when purchasing the Product

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.

7. Guarantee

The Service is provided in its current form and we do not guarantee that the Service, or any element of the Service, will meet your particular requirements, purpose and/or expectations. We do not guarantee that any of the information and/or material provided in the Service is accurate or up-to-date.

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 Site.

8. Governing Law

Agreements between User and the Company shall be governed and its provisions construed and enforced in accordance with the law of Botswana.

The parties agree that they are subject to the exclusive jurisdiction of the courts in Gaborone, Botswana for all legal disputes arising directly or indirectly from the contractual relationship between Company and the User/Customer.