These Terms and Conditions (“Terms”) apply to the msc.macmillan.com website (“Site”) and any products, information, or other services that are offered through the Site (cumulatively the "Service"). They apply regardless of the means of delivery of the Site to you. By using the Site and/or the Service, you accept and agree to be bound by these Terms. If you do not accept these Terms, do not use the Site or the Service. We may change these Terms from time to time, so you should review them each time that you visit the website. You should print a copy of these Terms for future reference.
The Site and the Service is operated by Macmillan Science Communication Scientific Editing ("MSC Scientific Editing", “us”, “we” or “our”) a division of Macmillan Publishers Limited, a company registered in England under company number 00785998 with a registered office at Brunel Road, Houndmills, Basingstoke, Hampshire, RG21 6XS, United Kingdom. Our VAT number is GB199440621. You can contact us using the following email address: email@example.com.
Accessing our site
Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site, or our entire site, to users.
You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms, and that they comply with them.
Transactions concluded through our Site
Contracts for the supply of Services formed through our Site or as a result of visits made by you are governed by our terms and conditions of supply.
Our intellectual property rights
Unless otherwise indicated, this Site, the Services and its contents are the property of Macmillan Publishers Limited. The copyright and all other intellectual property rights in the material contained on this Site belongs to Macmillan or its licensors. The trademarks appearing on this Site are protected by the laws of England and Wales and other international trademark laws.
In accessing this Site, you agree that the Site is made available for your personal, non-commercial use only. Unless you have Macmillan's prior written permission, you are not permitted to copy, broadcast, make available to the public, download, store (in any medium), transmit, show or play in public, adapt or change in any way the material (or any part of it) contained on this Site for any purpose whatsoever.
Disclaimer of warranties
Your use of this Site and the Services is at your sole risk. The Site and the Services are provided on an "as is" and "as available" basis. We reserve the right to restrict or terminate your access to the Site or the Services at any time. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the Site are non-infringing; that access to the Site and the Services will be uninterrupted or error-free; that the Site will be secure; that the site or the server that makes the site available will be virus-free; or that information on the Site will be complete, accurate or timely. If you download any materials from this site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. We do not make any warranties or representations regarding the Services or the materials on this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
In certain states, the law may not permit all or a portion of the disclaimer of warranties, so the above disclaimer may not apply to you, in whole or in part. In such cases, the disclaimer will apply to you to the extent permitted by applicable law.
Limitation of liability
To the fullest extent permitted by law, you understand and agree that neither Macmillan Science Communication and MSC Scientific Editing nor any of its affiliates or third party subcontractors shall be liable for any indirect, incidental, special, exemplary, consequential, punitive or any other damages relating to or resulting from your use of or inability to use this Site or the Services. These include damages for errors, omissions, interruptions, defects, delays, computer viruses, your loss of profits, loss of data, unauthorised access to and alteration of your transmissions and data, and other tangible and intangible losses.
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.
Under no circumstances will the total liability of Macmillan Science Communication and MSC Scientific Editing to you for any reason relating to your use of this Site or the Services, whether arising in contract, tort or any other legal theory (including, without limitation, negligence or strict liability), exceed an amount equal to the fees paid by you to MSC Scientific Editing in the twelve months preceding the event giving rise to the claim.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Viruses, hacking and other offences
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
Linking to and from our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Maintenance of the site
Making your use of the Site enjoyable means that we may 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 may 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.
Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
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 the Contracts (Rights of Third Parties) Act 1999.
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 these Terms are 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.
We shall not be liable for any delay or failure to perform any obligation under these Terms if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of God, war, civil disorder, industrial dispute or technical failure.
If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org.
Thank you for visiting our site.
Macmillan Science Communication Scientific Editing service
Service, Pricing and Title
We will provide you with a quote for the Service. Once we have accepted your order, you agree that we may process your order and begin the Service. You will not be entitled to cancel the order or receive a refund of the fee paid or payable (we may consider mitigating circumstances in determining whether or not a refund is made, but any decision will be at our discretion). For papers previously edited as part of our Service and later resubmitted, any quoted reduction is conditional upon the amount of editing that appears to us to be required, and is at our discretion.
The title in and to any services ordered from us does not pass to you until such time as we have received and processed a valid payment into our nominated bank account.
When you place an order, you will receive a communication from us, by email or otherwise, informing you that an order has been accepted. Your order constitutes an offer made to us to purchase the services specified in the order. Your offer is only accepted by us once we have confirmed your order in writing. We reserve the right to delay your order while the payment awaits processing (during UK office hours).
We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified, where the balance has not been fully paid, or where fraud is suspected.
Your intellectual property rights
MSC Scientific Editing and its employees make no claims on any work submitted by you for editing and proofreading. Any draft papers and documents ("Documents") submitted will remain your intellectual property. You represent, warrant and agree that you own all intellectual property rights in the Documents or otherwise have obtained sufficient rights to grant the rights you grant by these Terms; that nothing in the Documents will cause injury to any person or entity; that the Documents do not contain any content that (i) is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law, (iii) may contain software viruses, trojan horses or any other malware or (iv) may adversely affect the public image, reputation or goodwill of Macmillan Scientific Communication or Macmillan Publishers Limited, (v) is plagiarised.
You will be responsible for making back-up and archival copies of your Documents. In no event will MSC Scientific Editing be responsible to you or any other person for any loss, corruption or alteration of documents.
We take confidentiality seriously. Your Document may contain information and materials of a confidential and/or proprietary nature ("Confidential Information"). We shall use the Confidential Information only for the purposes for which it was disclosed. Other information and materials may also be Confidential Information if they are identified as such. Only Macmillan Science Communication staff will have access to author information – author information is removed from Documents before the Documents are passed on to the language and developmental editors. We value your trust and will ensure that all reasonable measures are taken to treat your Document in a secure and confidential manner. Nevertheless, we cannot guarantee that editors will be unable to deduce author identity - in any case, all our editors sign confidentiality agreements that prevent them from making use of or disclosing any material that is handled by them during editing. The obligations to maintain Confidential Information in confidence and not to disclose or use Confidential Information shall not apply to any information or materials that are generally known to the public or become known to the public through no fault or wrongful act or where disclosure is required or is necessary to comply with any applicable law, regulation, legal process or governmental request.
Payment is by credit card. We only accept purchase order payments for a small proportion of orders for which payment by credit card is impossible. 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 (a) your credit card details to us, you hereby authorize us to bill such credit card on the effective date for the charges payable, or (b) your approved purchase order information to us, we shall invoice you on the effective date for the charges payable, and you shall pay each invoice within 30 days after the date of such invoice.
Payment of an order is required to be 'fully cleared' and we cannot be held responsible for any delays due to fraud and identification checks.
All amounts and fees shall be payable in US dollars or pounds sterling and are, except where specifically stated otherwise, non-cancellable and non-refundable. Prices for services are not inclusive of any applicable VAT. VAT will be charged at the applicable rate with the invoice.
You shall pay all sums due to us under this Agreement by the means of the payment specified in our invoice or on our Site and without any set-off, deduction, counterclaim and/or any other withholding of monies.
You acknowledge that the eventual evaluation of Documents before publication will depend on third party publishers and other considerations beyond our control. We cannot be held legally responsible for papers not accepted for peer review or publication, or unsatisfactory outcomes of any nature, including the negligence of editors, staff, or claims of such negligence.
We cannot be held legally responsible for any expense incurred either in direct response to or as an indirect result of the editing, comments or report resulting from our Service, or any other communication with us. We do not recommend making significant decisions, such as the initiation of further experimental work, dramatic re-writing of a manuscript or the submission of Documents to a journal, solely on the basis of any communication from us. All communications arising from our Service should be viewed as opinion for consideration, not instructions that allude to specific actions. Significant decisions should be made following your careful consideration, with any necessary technical advice provided by technical specialists.
By using our Service you warrant that no part of your Documents contains content that is plagiarised. Plagiarism is a serious issue that warrants attention from all authors. Journal editors will often examine submitted text for evidence that plagiarism has taken place, but we do not routinely check your Documents for plagiarism. We cannot be held legally liable should any passage of text in your edited document later be identified as resulting from plagiarism.
No automatic right of cancellation exists under the Consumer Protection (Distance Selling) Regulations 2000 for downloaded goods, electronic or “softcopy” personalised services requested by you.
English law governs this agreement and the parties submit to the non-exclusive jurisdiction of the English courts.
The contract between you and us is personal to you. You may not assign, sub-license, sub-contract, transfer or charge the contract or any part of it without our prior written consent.
If our invoice(s) indicate that the contracting entity is Nature America, Inc. then these terms and conditions shall be governed by the laws of the State of New York without regards to any conflict of law provisions and the parties submit to the exclusive jurisdiction of the courts located in New York, New York.
If our invoice(s) indicate that our contracting entity is either Macmillan Publishers Limited or Nature Japan K.K. (or it is unclear or ambiguous having regard to such invoice(s)) then these terms and conditions will be subject to the laws of England and the courts of England will have exclusive jurisdiction to settle any such dispute which may arise and both parties shall submit all disputes to the jurisdiction of those courts.
If our invoice(s) indicate that our contracting entity is Macmillan Information Consulting Services (Shanghai) Co., Ltd, whose office is at Unit 10-11, the Center, 989 Changle Road, Shanghai, 200031 then these terms shall be governed by the laws of the People's Republic of China. Nothing in this clause shall limit our right to take proceedings against you in any other court of competent jurisdiction.
For our exclusive benefit and to the extent possible in the applicable jurisdiction, we reserve the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of the place of business in which these Terms were agreed to or (if different) the country of your principal place of business.
No variation or addition to these provisions without our prior written consent shall be effective unless agreed to in writing by us. Any additional terms you may seek to impose shall be void and/or unenforceable.