Terms & Conditions - Learning Link

Terms and Conditions: Online Products

These terms and conditions apply to orders of the following online product(s): Oxford Insight.

They apply to purchases you make directly from us or through our agents and resellers. These terms and conditions may have changed since you last reviewed them. They were last updated: July 2024.

Please note that use of our website is subject to separate terms and conditions available here: Legal Notice.

Where to find information about us and our products

In these terms and conditions, references to “us”, “our”, or “we” means Oxford University Press of Great Clarendon Street, Oxford, OX2 6DP, United Kingdom (and including any subsidiary, parent or registered branch of Oxford University Press, and any entity under common control or with legal power to direct or cause the direction of the general management). References to “you” or “your”, means a customer making an order for access to an online product (or where you are an entity or organisation, it also includes your authorised user(s) with access rights to an online product). Online products include the electronic files comprising such e-learning product and all text, images, photographs, sound or video recordings relating to it (a “product”).

Making an order

You can find everything you need to know about us and our products on our website, in our digital catalogue or from our sales staff or agents before you make an order.

When you make an order, the purchase process will include:

a description of the product you are ordering;
the duration of the subscription and/or availability of access to the product (the “subscription period”);
the fee payable for access to the product;
a description of the access method; and
any applicable usage restrictions (for example, if you are a business, the number of authorised users).

We will issue an order confirmation either by email or in your online account.

Acceptance of and payment for orders

We will charge you or issue an invoice when we accept your order. We use a third party payment services provider to take payments via credit or debit card. Online payment transactions may be subject to validation checks. Amounts are payable in the currency stated and any exchange rate implications will be your responsibility. We are not responsible should your card issuer apply charges, decline or fail to authorise payment for any reason. Business customers may register for a credit account. If your order is rejected for any reason, we let you know as soon as possible and refund any sums you have paid.

If you have been issued with an access code which has already been purchased, you may submit a valid access code in exchange for access to an eligible product.

If you are a consumer you have a legal right to change your mind

If you are a consumer, for most of our products bought online, you have a legal right to change your mind about your purchase within 14 days and receive a refund of what you paid for it. This is subject to some conditions, as set out below. This does not affect your legal rights if there is something wrong with your product.

You can't change your mind about an order for digital products that are downloadable or streaming after you have started to download or stream more than five percent (5%) of the product, or for any related services once these have been received by you. You must not have used any included access codes for any online resource that came with your product purchase. You must not have previously returned the same product from a prior purchase. You must not have already received the benefit of a 14-day free trial access to the product before being charged for your purchase.

If you change your mind about a product or related services you must let us know no later than 14 days after the day you receive access to the product. To let us know you want to change your mind, please contact our Customer support and refer to guidance available at: Contact and Oxford Insight Support.

We will refund you as soon as possible and within 30 days of you telling us you've changed your mind. We refund you by the method you used for payment.

Business customers don’t have all the same rights as consumer customers

It is important to note that business customers and consumers have different rights. For example, business customers can't cancel their orders. You are a business customer if you are ordering products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual. Where a term applies just to businesses customers or just to consumers, this is clearly stated.

If you are a business customer these terms set out the entire agreement between us in relation to your order. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

If you are a business customer you have no set-off rights

If you are a business customer you must pay all amounts due to us in full without any set-off, counterclaim, deduction or withholding, other than any deduction or withholding of tax as required by law and/or upon direction of any tax authority.

In the event you are required to make such deduction and/or withholding, you shall so far as possible notify us before doing so and shall do all things in your power to enable or assist us to claim exemption or preferential rate therefrom under any double taxation and/or similar agreement and/or convention from time to time in force. You shall provide us with such evidence as you may possess and as may be reasonably required by us as to the deduction and payment of the tax and/or of the sums withheld.

We charge interest on late payments

If we're unable to collect any payment you owe us we may charge interest on the overdue amount at the rate of 4% a year. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

Sales taxes and tax compliance

The amount attributable to any goods and services tax, value added tax or similar sales or excise tax (“Sales Tax”) which is applicable to your order shall be applied and added to the amount payable by you at the prevailing rate. If the rate of any applicable Sales Tax changes between your order date and the date we supply the product, we will adjust the rate that you pay, unless you have already paid in full before the change in the rate takes effect.

You shall not engage in any activity, practice or conduct which would constitute, or be regarded as, an offence under any applicable law or regulation, consisting of the fraudulent or otherwise unlawful evasion of any tax.

We're not responsible for delays outside our control

If our supply of the product is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be significant, you can contact our Customer support at: Contact and Oxford Insight Support to request a refund for any products you have paid for in advance but not received.

Grant of licence to use the product, usage rights and limitations on use

Upon acceptance of your order and/or submission of your access code, we will grant to you the non-exclusive and non-transferable right to access and use the product throughout the subscription period for the purposes of research, teaching, and private study. For clarity, the fee does not include perpetual access to any updates or new editions to the product.

During the subscription period you may:

access our server or a third party server designated by us, through which to gain access to the product’s digital content, and to search, view, retrieve, and display portions thereof;
complete and view assessments and assessment results;
electronically save portions of the digital content in the product;
print out single copies of portions of the digital content;

subject always to the available functionality or any specific restrictions appearing within the product. The rights granted are personal to you (or if you are a business, each authorised user) and may not be exercised by any other person.

You may not:

remove or alter any copyright notices or other means of identification or disclaimers included in the product;
systematically make printed or electronic copies of multiple extracts of the digital content for any purpose;
display or distribute any part of the digital content in a product on any electronic network, including without limitation the internet and the world wide web;
permit anyone else to access or access or use the product using your individual username and password;
use all or any part of the product for any commercial use (including for monetary reward) by any means;
use the product in a way that might damage our name or reputation;
input any part of the digital content from the product into any artificial intelligence tool, generative pre-trained transformer, large language model, or similar technologies;
use the product to perform any illegal activity or breach the rights of any other person;
introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful, nor introduce software to scrape or mine date from the product;
seek to circumvent the security of any servers on which the product is hosted, or gain unauthorised access to any server, computer or database connected to the product.

Access to the product will cease when the subscription period ends. We reserve the right to withdraw your access to the product or any portion of it if we reasonably believe that it is being used otherwise than in accordance with these terms and conditions. In such event, we will restore access when the matter has been satisfactorily resolved. If you are a business, you are responsible for use of the product by your authorised users, and their compliance with these terms.

Intellectual Property rights

You acknowledge that all copyrights, patent rights, trademarks, services marks, database rights, trade secrets and other intellectual property rights (“intellectual property rights”) relating to the product belong to us or our licensors and that these terms do not convey any right, title, or interest therein to you, except for the right to use the product in accordance with these terms and conditions. You agree to notify us promptly (i) of the facts and circumstances surrounding any unauthorised possession or use of the product, or its related intellectual property rights, or any portion thereof; and (ii) on becoming aware of any claim by a third party that the product infringes an intellectual property or proprietary right of any third party. If any part of the product becomes, or in our opinion is likely to become, subject to an infringement claim, we may at our option modify or replace any affected part of the product to avoid the infringement claim.

When you submit your own content in connection with your use of the product, you grant to us and our affiliates, representatives and service providers a non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free, transferable right and license to any intellectual property rights in such content. You represent that you own your content or otherwise have the right to grant a license of it in accordance with this paragraph, and that you are not infringing the intellectual property rights of any third party. We may at our discretion remove your content. You consent and authorise us to make your content available to any institution at which you are enrolled (and its authorised representatives).

Your responsibilities

You confirm that you have authority to enter into a contract with us on these terms and conditions. You are responsible for satisfying yourself that the product is suitable for your requirements. You are responsible for your use of and interpretation of the digital content in the product, and for obtaining (at your cost) all telecommunications and other equipment and software (including an internet browser, computer, portable document file reader as applicable) together with all relevant software licenses and appropriate system compatibility, anti-virus and security measures, as necessary or advisable for accessing the product online.

You will be responsible for the confidentiality and use of access codes and password(s). You will notify us as soon as practicable if you become aware of any loss or theft of, or any unauthorised use of, any access codes or password(s).

Our responsibilities

We will enable you to set a user name and password, and/or provide you with an activation or access code which enables you to access the product. Any activation or access code may only be redeemed once and is personal and not transferable.

We will use all reasonable efforts:

to make the product available to you throughout the subscription period;
to provide you with a quality of service comparable to current standards in the world wide web online information provision industry (notwithstanding that we are not responsible for internet service interruption or suspension);
to restore access to the product as soon as possible in the event of an interruption or suspension of the service.
to provide, or arrange for the provision by a third party, of customer support services relating to the use and/or functionality (but not the content) of the product, throughout the subscription period.

Your rights and remedies if you are a consumer. We honour our legal duty to provide you with a product that is as described to you, fit for its purpose, of satisfactory quality, and that meets requirements imposed by law. If the product is faulty, you're entitled to rectification or a replacement. If the fault can't be fixed, or hasn't been fixed within a reasonable time and without significant inconvenience, you can claim some or all of your money back. If you think there is something wrong with your product, please contact our Customer support and refer to guidance available at: Contact and Oxford Insight Support. You have several options for resolving disputes with us, explained below.

Your rights and remedies if you are a business. We warrant that on delivery the product shall conform in all material respects with its description, be free from material defects, and be fit for any purpose expressly held out by us. Unless an exception applies (as listed below), if you give us notice in writing within a reasonable time of discovery that a product does not comply with this business customer warranty, and we are given a reasonable opportunity of examining the issue, then we shall, at our option, rectify this or replace the defective product, or refund the price of the defective product in full and this will be your only remedy for breach of warranty. These terms shall apply to any products rectified or replaced.

We will not be liable for a product's failure to comply with the business customer warranty if:

you make any further use of such product after telling us it is non-conforming;
the defect arises because you failed to follow our oral or written instructions as to the installation, commissioning, use or maintenance of the product or (if there are none) good industry practice;
you alter or repair the product or introduce software without our written consent; or
the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

We do not warrant that the product will operate error free or without interruption or that any errors will be corrected, or that the digital content in the product is complete or accurate.

We can change products and these terms

Changes we can always make. We can always change a product:

to reflect changes in relevant laws and regulatory requirements;
to make minor technical adjustments and improvements, and (for example) to address a security threat. These are changes that don't materially affect your use of the product; and
to update digital content, provided that the digital content always matches the description that we provided to you before you bought it. We might ask you to install these updates. We are not responsible if you fail to install updates.

Changes we can only make if we give you notice and an option to terminate. If we make any material changes to the product or these terms, we will notify you. If you choose not to accept them you can then contact our Customer support and refer to guidance available at: Contact and Oxford Insight Support to end the contract before the change takes effect and receive a refund for any products you've paid for in advance, but won't receive.

We can suspend the supply of a product. We do this to:

deal with technical problems or make minor technical changes;
update the product to reflect changes in relevant laws and regulatory requirements; or
make changes to the product.

We will contact you in advance to tell you if we're suspending supply, unless the problem is urgent or an emergency.

We can withdraw products

We can stop providing a product, such as an ongoing service or a subscription for digital content or goods. However you will continue to have access to the product for the duration of your applicable subscription period.

Ending the contract

Unless stated otherwise during the order process, your subscription for and access to the product will end automatically at the end of the subscription period. If you have any questions about ending an on-going contract, please contact our Customer support and refer to guidance available at: Contact and Oxford Insight Support. We can end our contract with you for a product and claim any compensation due to us (including enforcement costs) if:

you don't make any payment to us when it's due and you still don't make payment within 30 days of our reminding you that payment is due;
you materially breach these terms and conditions and if capable of remedy, do not remedy within 30 days of written notice from us to do so;
you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product; or
you don't, within a reasonable time, allow us to deliver the product to you.

In addition, if you are a business customer, either you or us may terminate the contract between us with immediate effect by notice in writing if the other is unable to pay its debts or enters into compulsory or voluntary liquidation or compounds with or convenes a meeting of its creditors or has a receiver or manager or an administrator appointed or ceases for any reason to carry on its business or takes or suffers any similar action in any jurisdiction.

On termination or expiry for whatever reason, any provision of these terms and conditions that expressly or by implication is intended to continue in force shall remain in full force and effect.

We don't compensate you for all losses caused by us or our products

Our liability to consumers. We're responsible for losses you suffer caused by us breaking this contract unless the loss is:

Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We're not responsible for delays outside our control.
Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Our liability to businesses.

Our liability to businesses. If you're a business, then, except in respect of the losses described in Losses we never limit or exclude:

we will not be liable for any defect or problem with the product to the extent that such defect or problem results from or is contributed to by: (i) your use of the product in a way which is not in accordance with these terms and conditions or our recommended instructions, (ii) alterations (including customisations) to the product outside of the permitted functionality, (iii) a breach of these terms and conditions by any of your authorised users, or (iv) any third party products or software connected to or operated with our product (unless expressly approved by us);
we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss or corruption of data, loss of business or goodwill, or any indirect or consequential loss arising under or in connection with any contract between us;
our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract in any calendar year.
Except to the extent expressly stated in these terms and conditions, we exclude all other implied terms.

Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:

death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
fraud or fraudulent misrepresentation; or
any matter in respect of which it would be unlawful for us to exclude or restrict liability.

We use your personal data as set out in our Privacy Policy

How we use any personal data you give us is set out in our Privacy Policy available here: Privacy Policy.

You have several options for resolving disputes with us

Our Customer support available at: Contact and Oxford Insight Support will do their best to resolve any problems you have with us or our products.

Resolving disputes without going to court (consumers only)

If the dispute cannot be resolved between you and us, we will consider your reasonable request to resolve the dispute through an alternative dispute resolution process ("ADR"). ADR is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without having to go to court. If we agree to using an ADR process, you can submit your request for mediation to:

the American Arbitration Association’s Mediation Service contactable via its website at aaamediation.org if you are based in the United States of America or Canada; or
the Centre for Effective Dispute Resolution contactable via its website at cedr.com if you are based in the United Kingdom, Europe or elsewhere.

You should not contact an ADR provider until you have received notice from us in writing (and this could be an email) that we have agreed to resolve your complaint via ADR. If you're not satisfied with the outcome you can still go to court.

You can go to court

If you are based in the United States of America or Canada, these terms are governed by the laws of the State of New York, but without regard to the State’s principles of conflicts of laws. If you are based in the United Kingdom, Europe or elsewhere, these terms are governed by English law.

If you are a business based in the United States of America or Canada, you agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the Federal and State courts located in New York County. If you are a business based in the United Kingdom, Europe or elsewhere, you agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

If you are a consumer then, wherever you live, you can also bring claims against us in the courts of the country you live in, and we can claim against you in the courts of the country you live in. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you live. Nothing in these terms and conditions (including this clause) affects your rights as a consumer to rely on such mandatory provisions of local law.

Other important terms that apply to our contract

Ethical conduct. Neither us nor you will act, or omit to act, in such a way as to give rise to a breach of any applicable law related to fraud, bribery, corruption or any related matter.

If you are a business, you shall maintain adequate procedures designed to prevent any persons acting on your behalf from undertaking any activities that constitute or could constitute a breach of any applicable law related to fraud, bribery or corruption in order to obtain or retain business or a business advantage. We shall have the right to terminate our contract with you immediately on written notice, without liability, for breach of any applicable law related to fraud, bribery, corruption or any related matter.

Transferring the contract. We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens and if you’re a consumer we'll ensure that the transfer won't affect your rights under the contract. If you're a consumer and you're unhappy with the transfer you can contact our Customer support available at: Contact and Oxford Insight Support to end the contract within 30 days of us telling you about it and we will refund you any payments you've made in advance for products not provided. You can only transfer your contract with us to someone else if we agree to this in writing.

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

If we delay in enforcing this contract, we can enforce it later. We might not immediately pursue you for not doing something (like paying) or for doing something you're not allowed to, but we may still do so at a later date.