Canadian Store Terms of Purchase / Rental

These terms apply to your use of and purchases and rentals from the Macmillan Learning (“Macmillan,” “we,” “us,” or “our”) online store located at store.macmillanlearning.com/ca (the “Site”). You must be the age of majority in your jurisdiction of residence or older to place orders through the Site. Your use of the Site constitutes your acceptance of these Canadian Store Terms of Purchase/Rental (the “terms”).

1. Physical Product Purchases.

   If you buy a textbook or other physical materials from us in print (e.g., a Book, LooseLeaf or Comb/Spiral) or electronically stored in a physical medium (e.g., CD, DVD or flash drive):

   You will receive either the U.S. edition or Canadian edition for certain titles, as indicated on the purchase page.    

   i. All software included in a CD, DVD or other digital media, is governed by its respective end user license agreement included with or in such product, if any. All such software is licensed and not sold.  

   ii. We will ship all orders by UPS from Virginia in the US for the shipping fee specified at the time of purchase.  Such standard shipping will normally take between 3 and 10 business days to receive your package from the time we receive your order.  You may be provided with the option to select expedited shipping at the time of check-out for an additional shipping fee.  Shipping fees will be added to your order prior to completing your purchase.  

   iii. You can only return your unused purchased item(s) for a refund of the purchase price we received (excluding shipping fees) if we receive your refund request via your Macmillan My Account Page within 21 calendar days of your purchase and we receive your returned product within 30 calendar days of purchase in the same condition as we provided it to you.  If you are eligible for a product refund based on the foregoing, we will credit the form of payment that was charged for the purchased item(s) for the refund amount.    If you return a product to us outside of the 30 calendar days, we will not refund you and we will not send the product back to you.  

   iv. To request a refund, go to your Macmillan My Account page, select “RETURN”, and print and use the packing slip and shipping label provided.  Ship the physical product you are returning in the same packaging we shipped it to you in, place the packing slip inside the package, and affix the shipping label to the outside of the package using clear tape.  Bring your package to any UPS location in Canada.  You are responsible for the cost to ship the returned product back to us.  

   v. If your returned product is not in the same condition as we shipped it to you, such as but not limited to having any rips, tears, handwriting, highlighting, bent or missing pages, you will not be entitled to a refund and we will not ship your non-refundable product back to you.  

   vi. If we erroneously shipped you a damaged product or incorrect product from what you ordered, in addition to the above refund, we will refund to the form of payment that you used for the product purchase, the original shipping fees we received from you at the time of purchase.   To request a free shipping label to send the damaged or incorrect product back to us, go to your Macmillan My Account and click “Free Shipping Label for Incorrect Product Return”.

2. Physical Product Rental (not for Rental Only Program Titles).

   It may or may not be in new condition. If used, it may have normal wear and tear on it, including handwriting and highlighting, but it will be in usable condition, as reasonably determined by Macmillan.

   i. You will receive either the U.S. or Canadian edition for certain titles, as indicated at the time of purchase.

   ii. All software included in a CD, DVD or other digital media, is governed by its respective end user license agreement included with or in such product, if any. All such software is licensed and not sold.

   iii.It may bear a unique scannable serial number or QR code provided by us that enables us to identify and track the rented product to your invoice for this order, which includes your full name and address on such order invoice.

   iv. We will ship all orders by UPS from Virginia in the US in Canada for the shipping fee specified at the time of purchase. Such standard shipping will normally take between 3 and 8 business days to receive your package from the time you place your order. You may be provided with the option to select expedited shipping at the time of check-out for an additional shipping fee. Shipping fees will be added to your order prior to completing your purchase.

   v. You can return any item(s) rented for a refund of the rental price we received (excluding shipping fees), if we receive your refund request via your Macmillan My Account Page within 21 calendar days of your rental and we receive your returned product within 30 calendar days of rental in the same condition as we provided it to you. If you are eligible for a product refund based on the foregoing, we will credit the credit card that we charged for the rental for the refund amount.

   vi.To request a refund, go to your Macmillan My Account page, select “RETURN,” and print and use the packing slip provided. Ship the physical product in the same packaging we shipped it to you in, place the packing slip inside the package, and affix a shipping label to the outside of the package using clear tape. Bring your package to any UPS location in Canada. You are responsible for the cost to ship the returned product back to us if you have requested a refund.

   vii.If you request a refund and return a rented product that is damaged beyond normal wear and tear, to the extent that we cannot re-use the product, in our reasonable discretion, and we did not send it to you in this condition, e.g., it contains an unusually large amount of writing, highlighting, rips or tears, or missing pages, you will be assessed a 30% damage fee (which fee is a genuine estimate of the anticipated or actual damages that might arise from your damage to the product and our inability to re-use the product) of the full list price (i.e., not the rental price) for the product listed on our Site at the time of the rental, which will be deducted from your credit card refund.

   viii.If we erroneously shipped you the incorrect product from what you ordered or a damaged product beyond reasonable wear and tear that you cannot use in our reasonable discretion, in addition to the above refund, we will refund to you the original shipping fees we received from you at the time of rental purchase.

   ix. Upon completion of your rental term, you must return the product to us by the due date which will be indicated in your order and in your Macmillan My Account page. To initiate the rental return process, go to your Macmillan My Account Page, select “RETURN,” and print and use the packing slip and pre-paid shipping label provided. Ship the physical product in the same packaging we shipped it to you in, place the packing slip inside the package and affix the pre-paid shipping label to the outside of the package using clear tape. Bring your package to a UPS shipping center in Canada.

   x. YOU ARE RESPONSIBLE TO KEEP TRACK OF AND RETURN YOUR RENTED PRODUCT TO US BY THE DUE DATE. WE MAY BUT ARE NOT OBLIGATED TO PROVIDE YOU WITH RENTAL RETURN DUE DATE NOTICES. PLEASE NOTE THAT OUR SITE MAY NOT BE AVAILABLE AT TIMES SUCH AS FOR ROUTINE MAINTENANCE. PLEASE PRINT YOUR PACKING SLIPS AHEAD OF TIME AND ALLOW FOR SITE DOWN TIME AND SHIPPING TIME TO GET YOUR RENTED PRODUCT IN THE MAIL AND RECEIVED BY US BEFORE THE DUE DATE.

   xi. At the end of the rental term, if we have not received the product back to us by the due date, we will automatically extend your rental term due date by 15 calendar days (“extended due date”) and charge your credit card an additional late fee of 15% of full list price (i.e., not the rental price) for the product listed on our Site at the time of the rental.

   xii.At the end of the extended due date term, if we have not received the product back by the extended due date, we will charge your credit card the full list price for the product listed on our Site at the time of the rental, but will deduct the rental fee and late fee we already received from you for the unreturned rented product.

   xiii. If at the end of your rental term, you return to us a product that is damaged beyond normal wear and tear, to the extent that we cannot re-use the product in our reasonable discretion, e.g., it contains an unusually large amount of writing, highlighting, rips or tears, or missing pages, you will be assessed a 30% damage fee (which fee is a genuine estimate of the anticipated or actual damages that might arise from your damage to the product and our inability to re-use the product) of the full list price for the product listed on our Site at the time of the rental. This damage fee will be automatically charged to the credit card that you used to rent the product.

   xiv. The standard rental term length is 130 calendar days from the date of placing the rental order unless you selected a different term length at the time of purchase.

   xv. If you want to buy the product at the end of your rental term but before your due date or extended due date instead of returning the product to us before its due date or extended due date, go to your Macmillan My Account Page and select “Buyout” instead of “Return” and we will charge your credit card the full list price for the product on our site at the time of your Buyout request but deduct the rental fee and late fee (if any) we already received from you for the product.

3. Rental Only Program

   If you rent from us a textbook that is under the Rental Only Program or a bundle that includes a text book that is under the Rental Only Program and an access code, the following shall apply:

   i. The textbook may or may not be in new condition. If used, it may have normal wear and tear on it, including handwriting and highlighting, but it will be in usable condition, as reasonably determined by Macmillan.

   ii. You will receive either the U.S. or Canadian edition for certain titles, as indicated at the time of purchase.

   iii. All software included in a CD, DVD or other digital media included with the textbook, is governed by its respective end user license agreement included with or in such product, if any. All such software is licensed and not sold.

   iv. The textbook may bear a unique scannable serial number or QR code provided by us that enables us to identify and track the rented product to your invoice for this order, which includes your full name and address on such order invoice.

   v. We will ship all orders by UPS from Virginia in the US in Canada for the shipping fee specified at the time of purchase. Such standard shipping will normally take between 3 and 8 business days to receive your package from the time you place your order. You may be provided with the option to select expedited shipping at the time of check-out for an additional shipping fee. Shipping fees will be added to your order prior to completing your purchase.

   vi. You can return any item(s) rented for a refund of the rental price we received (excluding shipping fees), if we receive your refund request via your Macmillan My Account Page within 21 calendar days of your rental and we receive your returned product within 30 calendar days of rental in the same condition as we provided it to you. If you are eligible for a product refund based on the foregoing, we will credit the credit card that we charged for the rental for the refund amount.

   viii. To request a refund, go to your Macmillan My Account page, select “RETURN”, and print and use the packing slip provided. Ship the physical product in the same packaging we shipped it to you in, place the packing slip inside the package, and affix a shipping label to the outside of the package using clear tape. Bring your package to a UPS shipping center in the U.S. You are responsible for the cost to ship the returned product back to us if you have requested a refund.

   ix. If you request a refund and return a rented product that is damaged beyond normal wear and tear, to the extent that we cannot re-use the product in our reasonable discretion, and we did not send it to you in this condition, e.g., it contains an unusually large amount of writing, highlighting, rips or tears, or missing pages, you will be assessed a 30% damage fee (which fee is a genuine estimate of the anticipated or actual damages that might arise from your damage to the product and our inability to re-use the product) of the full list price (i.e., not the rental price) for the product listed on our Site at the time of the rental, which will be deducted from your credit card refund.

   x. If we erroneously shipped you the incorrect product from what you ordered or a damaged product beyond reasonable wear and tear that you cannot use in our reasonable discretion, in addition to the above refund, we will refund to you the original shipping fees we received from you at the time of rental purchase.

   xi. Upon completion of your rental term, you must return the product to us by the due date which will be indicated in your order and in your Macmillan My Account page. To initiate the rental return process, go to your Macmillan My Account Page, select “RETURN”, and print the pre-paid shipping label and use the packing slip provided. Ship the physical product in the same packaging we shipped it to you in, place the packing slip inside the package and affix the pre-paid shipping label to the outside of the package using clear tape. Bring your package to UPS in Canada.

   xii. YOU ARE RESPONSIBLE TO KEEP TRACK OF AND RETURN YOUR RENTED PRODUCT TO US BY THE DUE DATE. WE MAY BUT ARE NOT OBLIGATED TO PROVIDE YOU WITH RENTAL RETURN DUE DATE NOTICES. PLEASE NOTE THAT OUR SITE MAY NOT BE AVAILABLE AT TIMES SUCH AS FOR ROUTINE MAINTENANCE. PLEASE PRINT YOUR PACKING SLIPS AHEAD OF TIME AND ALLOW FOR SITE DOWN TIME AND SHIPPING TIME TO GET YOUR RENTED PRODUCT IN THE MAIL AND RECEIVED BY US BEFORE THE DUE DATE.

   xiii. At the end of the rental term, if we have not received the product back to us by the due date, we will automatically extend your rental term due date by 15 calendar days and charge your credit card an additional late fee of 15% of the full list price for the product listed on our Site at the time of the rental.

   xiv. At the end of the extended due date term, if we have not received the product back by the extended due date, we will charge your credit card the full list price for the product as listed on our Site as of such date, plus 25% of the full list price for the product listed on our Site at the time of the rental as an additional non-return fee (which fee is a genuine estimate of the anticipated or actual damages that might arise from your failure to return the product and our inability to re-use the product), but we will deduct the late fee we already received from you for the unreturned rented product. We will not deduct the rental fee that you paid for the rental.

   xv. If at the end of your rental term, you return to us a product that is damaged beyond normal wear and tear, to the extent that we cannot re-use the product in our reasonable discretion, e.g., it contains an unusually large amount of writing, highlighting, rips or tears, or missing pages, you will be assessed a 30% damage fee (which fee is a genuine estimate of the anticipated or actual damages that might arise from your damage to the product and our inability to re-use the product) of the full list price for the product listed on our Site at the time of the rental. This damage fee will be automatically charged to the credit card that you used to rent the product.

   xvi. The standard rental term length is 130 calendar days from the date of placing the rental order unless you selected a different term length at the time of purchase.

   xvii. We do not offer text books made available under the Rental Only Program for your purchase. These books must be returned to Macmillan by the respective due dates to avoid the above charges.

4. License to Access Purchases.

   If you purchase a License to Access to digital courses or materials from us (e.g., Launchpad, Sapling Learning, Writer’s Help, FlipIt or a digital textbook/ebooks):

   i. You can request a full refund of the purchase price we received from you by crediting your form of payment used for the purchase, if we receive your refund request via your Macmillan My Account Page within 14 calendar days of your purchase. Your respective access will be shut-off within 1 calendar day of such refund request. However, if you have printed more than 30% of your digital course or materials, you will not be entitled to a refund.

   ii. The length of time term for each License to Access varies by product and will be indicated to you at the time you purchase each License to Access for each respective product and in your Macmillan My Account.

   iii. Your right to use and access the material or digital courses for which you purchase a License to Access on this Site, will terminate upon the end date indicated at the time of purchase and in your Macmillan My Account or earlier if such course is cancelled.

   iv. You understand that your access to the License to Access digital courses or material that you purchase from us on this Site may be unavailable from time to time for several reasons, including for scheduled maintenance and upgrades.

   v. All other terms for a given product will be indicated in its respective product’s Terms of Use and Privacy Notice.

5. Bundles of Purchases and/or Rentals (excluding Rental Only Program Titles “ROP”).

   If you purchase any combination of our Physical Product or License to Access and/or rent Physical Product (excluding ROP) in one combined transaction/payment (a “bundle”), the above refund and return policies apply to each respective part of the bundle. However, for a refund of a bundle return, you will not get refunded by a credit to your form of payment used for the purchase/rental for any part of the returned bundle until we have received back all of the physical product in the bundle. If a bundle contains a Physical Product Rental, the only form of payment that you will be able to use for the whole bundle is a credit card.

6. Bundles of Rentals under the Rental Only Program.

   If you rent a bundle including a License to Access and a textbook that is under the Rental Only Program, the above refund and return policies apply to each respective part of the bundle. However, for a refund of a bundle return that is permitted in accordance with the terms on returns, you will not get refunded by a credit to your form of payment used for the rental for any part of the returned bundle until we have received back all of the physical product in the bundle (including for clarity, the access code and the textbook). The only form of payment that you will be able to use for rental of the whole bundle is a credit card.

7. Payment of Fees

   i. If you purchase a Physical Product, or License to Access and/or rent Physical Product or any bundle thereof, you hereby agree to pay us all applicable charges pursuant to each respective order. Your agreement to pay us for your order is not contingent upon your use of the product. You will be charged whether you use the product or not.

   ii. For each order, our billing agent will charge your form of payment you provide to us at the time of purchase, without any additional notice. You may be charged for each individual order you place or your individual order charges may be combined and your form of payment charged once for all of your orders combined in your next billing cycle. Please note: credit cards are the only acceptable form of payment to: i) place an order to rent Physical Product or ROP; or ii) rent and/or purchase a bundle containing Physical Product rental or ROP rental.

   iii. If you fail to pay according to this agreement and the terms on the Site, we and/or our billing agent may without waiver of our other rights and remedies: a) charge you interest at a rate of 1.5% per month or the maximum amount allowed by law; b) terminate or suspend your License to Access; c) charge you a reinstatement fee (if applicable); d) charge you any and all collection fees, legal fees and court fees related to collecting on your overdue account; and/or e) call you on your phone number, including wireless, text you, or use pre-recorded or artificial voice messages or an automatic dialing service to contact you by text or phone, which may result in wireless or texting charges to you under your plans.

   iv. For orders placed by customers in the Canadian Macmillan Learning Store, your bill will be in Canadian dollars.

   v. You must provide accurate and complete billing information at the time of your order, e.g., name, address, telephone number and valid form of payment.

   vi. If your information changes at any point in time that your order is still being charged, or for an order for which an end date has not year occurred, you shall promptly notify us and update such information.

   vii. If we do not receive payment from your credit or debit card issuer for any orders, you shall pay any amount due to us upon request in any form we request.

   viii. We may offer discounts to first-time purchasers, such as waiving shipping fees on first orders or applying discounts on fees for a limited time. All such offers are subject to the terms posted on the Site.

   ix. The form of payment that you can use to place and pay for your order (e.g., credit card, debit card or PayPal) will be posted at the time of making your order.

   x. You are responsible for any and all applicable taxes for your order.

   xi. If you think we have made an error in the fees that you were charged, you must notify us within 30 calendar days that the error appeared on your billing statement and include a full description thereof. Your right to object to any other billing errors shall be waived.

   xii. Except as specifically set forth above in each section, we will not refund, exchange or accept returns of any products from your order(s).

8. Applicable Law

   Except where prohibited by law (which may include the province of Quebec), the law of the province of Ontario shall apply to any disputes related to this Terms of Purchase/Rental, without regard to any conflict of law provisions. The parties submit to the exclusive jurisdiction of the Courts located in Toronto, Ontario.

9. Limitation of Liability

   TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER MACMILLAN LEARNING NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OR LOST PROFITS RELATING TO OR RESULTING FROM: i) YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE; OR ii) ANY PRODUCT OR SERVICE PURCHASED OR RENTED FROM THIS SITE.. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. FURTHERMORE, UNDER NO CIRCUMSTANCES WILL MACMILLAN LEARNING OR ANY OF ITS AFFILIATES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES UP TO THE GREATER OF $100 OR THE AMOUNT MACMILLAN LEARNING RECEIVED FROM YOU FOR THE PURCHASE OR RENTAL MADE ON THIS SITE OF PRODUCTS OR SERVICES THAT CAUSED THE ACTUAL DAMAGE. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

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