Terms and Conditions
The following terms and conditions of sale apply from 13 August 2020 and supersede all previous arrangements. Any transactions with Cengage Learning Asia Pte Ltd (Co. No: 199206997K) (hereinafter referred to as “Cengage” unless otherwise specified) on or after 13 August 2020 are subject to these terms and conditions.
"Access Code" means any valid access code purchased by Customer or provided to Customer shall be activated by Customer before access to the applicable Products.
"Customer" means any ultimate (actual or potential) customers, end-users or consumers of the Products.
"Digital Products" means all digital products including ebooks and digital solutions shall be activated within 3 months from date of purchase, with a duration of 1-year online access from date of activation of the Access Code by the Customer.
“Digital Solutions" means online learning platforms accessed through a user login including but not limited to MindTap, OWLv2, WebAssign, SAM, CengageNOWv2 and whether now known or subsequently developed online learning platforms.
"Electronic book" (short name as "eBook") means is a digital version of a printed book available in electronic publication format ("ePub") or Portable Document format ("web PDF") for on-screen reading. Customer shall need to download and install Associated software and applications before eBook can be accessed and displayed for personal and non-commercial use. For more details on how to access the eBook, refer to instruction guides when Customer receives the Access Code.
'Products' shall mean all publications, electronic or print, including books and workbooks, Digital Workbook Supplement related thereto, CD-ROMs, DVDs, software, and any other products supplied by Cengage to the Customer.
"GST" means the Goods and Services Tax as provided under the Goods & Services Tax Act (Cap. 117A) and any regulations made under Goods & Services Tax Act (Cap. 117A)
"Services" shall mean all services provided in connection with the supply of Products, including postage, processing and handling, and cancellation.
'Singapore Consumer Law' means the legislation set out in the Competition Act (Chapter 50B) and Consumer Protection (Fair Trading) Act (Chapter 52A) and any regulations made under the Competition Act (Chapter 50B) and Consumer Protection (Fair Trading) Act (Chapter 52A)
All supplies of Products and Services will be invoiced by Cengage to the Customer at the prices corresponding to those Products and Services at the time of dispatch. Prices are subject to change without notice.
All prices are exclusive of GST. GST charges on all Products and Services are at the applicable legislated rates.
4. Payment Terms
All payment shall be due immediately once Customer go through the usual payment procedures via the "Checkout" and accepting the Terms and Conditions when placing an order. Payment remittances must clearly set out all invoices that are being paid.
Cengage reserves the right at its sole discretion not to supply certain Customers, or Customers in certain countries, or to apply any limitations of quantity or value deemed appropriate.
6. Recorded Order
Any Products not in stock will automatically be recorded as an order for Products to be supplied by Cengage to Customers at a future date, and a pop-up message will appear when Customers “Checkout” to notify such order status for:
- Digital Products - delivery within three (3) working days from the "Checkout" date
- Print Products:
- Delivery within fourteen (14) working days from "Checkout" date, if stock is available in Singapore warehouse (varies by delivery location).
- Delivery within thirty (30) working days from "Checkout" date, if stock is not available in Singapore warehouse (varies by delivery location).
The status of orders placed by Customers can be checked by going to www.cengageasia.com that allow customer to track their orders. Customers can check the status of your outstanding orders and back orders. You can also track the shipping status of your orders with our site's direct links to freight carriers.
Cengage reserves the right to deliver Access Code via email means in all cases. Cengage's obligation to deliver Access Code shall be discharged on arrival of the Access Code at the customer’s designated email address, or at the address appearing on the customer’s order.
Cengage reserves the right to ship Products via the carrier of its choice in all cases and the right to charge postage and levy a processing and handling surcharge on all orders. Cengage's obligation to deliver Products shall be discharged on arrival of the Products at the Customer’s designated delivery address, or at the address appearing on the Customer’s order.
8. No Return or No Cancellation of Digital Products as Identified by Title Description on Invoice
Digital Products which are purchased as an Access Code for downloading eBook or access to the Digital Solution are offered on a firm sale and non-refundable basis which is not eligible for return or exchange. If you are experiencing technical difficulties activating the Access Code or downloading the eBook or accessing the Digital Solution, please contact firstname.lastname@example.org.
All supply of Digital Products is not applicable for cancellation. Once Customer has completed the payment procedures via the "Checkout" and accepts the Terms and Conditions whilst placing the order and when Cengage accepts the payment and the supply of the Access Code has been triggered to be sent to the Customer via email, then Customer cannot cancel the order.
9. No Return or No Cancellation of Print Products as Identified by Title Description on Invoice
Print Products which are purchased are offered on a firm sale and non-refundable basis which is not eligible for return or exchange.
All supply of Print Products is not applicable for cancellation. Once Customer go through the usual payment procedures via the "Checkout" and accepting the Terms and Conditions when placing an order and when Cengage accepted the payment and a confirmation of order has been sent via email to Customer, then Customer cannot cancel the order once the confirmation order process has begun.
All deliveries of Print Products should be checked on receipt, and any discrepancies or damage must be reported to both the carrier and Cengage’s Customer Service department by email: Asia.CustomerService@cengage.com or phone: +65 6410 1231) for the claim to be considered. No claim can be made after the expiration of seven (7) days from date of delivery of Products.
10. Reservation of Title
Customer understand and agree that the Products are sold to you by way of a non-exclusive license only. Cengage do not transfer title to the Products to you and this license shall not be considered a "sale" of the Products. Customer own the media on which the Products are recorded, if any, but Cengage retain full and complete title to the Products (whether on any fixed media or otherwise). For clarity, the title to Products subject to these terms and conditions of sale or any other Products sold by Cengage to the Customer shall not pass to the Customer and shall remain the sole and absolute property of Cengage as legal and beneficial owner.
Customer may not:
- copy (save as expressly provided in these Terms and Conditions), redistribute, sell, rent, lease, transfer or sublicense the Products;
- circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signalling or copy protection technology in which the Products are wrapped or otherwise associated with;
- edit, modify, translate or create derivative works or adaptations of the Products;
- decompile copy, reproduce, reverse engineer or disassemble the Products (other than to the extent permitted under applicable law); or
- operate the Products from a network or mainframe system unless with our prior written consent.
Customer license to use the Products automatically terminates if Customer fail to comply with any provisions of this license.
All content provided on this site is owned by or licensed to Cengage and/or its affiliates (the "CL Content") and protected by United States and international copyright laws. Cengage and its licensors retain all proprietary rights to the CL Content. The CL Content may not be reproduced, transmitted, displayed or distributed without the prior written consent of Cengage.
All trademarks, service marks, trade names, logos and graphics ("Marks") indicated on this site are registered trademarks of Cengage, its affiliates and/or licensors, in the United States and other countries. You may not make any use of Cengage's Marks without the prior written consent of Cengage.
13. Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY CENGAGE LEARNING ON AN "AS IS" AND "AS AVAILABLE" BASIS. CENGAGE LEARNING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CENGAGE LEARNING DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CENGAGE LEARNING WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES.
Please review our Privacy Statement, which also governs your visit to www.cengageasia.com/Privacy-Statement to understand our practices.
15. Force Majeure
All quotations, offers and contracts for supplies of Products and Services are subject to the express condition that Cengage will not in any way be responsible for loss, damage or delays arising from strikes, lockouts, cessation of labour, fire, flood, epidemics, transport delays, shortened hours of labour, accidents of any kind, perils of the sea or rivers, war or the like, act of God, non-delivery of material or parts by other manufacturers, or any other cause or contingency whatsoever beyond the control of Cengage, whether 'ejusdem generis' with the preceding causes or not.
The terms and conditions of this sale shall be subject to the laws of Singapore and the courts of Singapore.
All conversations, representations and statements not embodied in a quotation or invoice or not confirmed in writing by Cengage are expressly excluded and shall not be deemed to be part of any quotation, invoice, order or contract between Cengage and the Customer, or to have induced the order by the Customer, or to have any legal effect whatsoever.
18. Variations of the Terms & Conditions of Sale
Cengage reserves the right to vary these terms and conditions of sale without notice at any time. Amendments to these terms and conditions of sale will apply to any order commenced on or after the date of notification of the amendments by Cengage to the Customer. Cengage may notify the Customer of the amendments to these terms and conditions of sale by publishing the amended terms and conditions of sale on its website, referring to these terms and conditions of sale on its invoices, or by any other method. The Customer’s acceptance of any amendments to these terms and conditions of sale will be evidenced by the Customer providing an order to Cengage after Cengage’s notification of the amendments to the terms and conditions of sale, without the need for the Customer to provide any other formal notification of its acceptance to Cengage.
The terms and conditions of sale are subject to the provision of any relevant legislation, including but not limited to the Singapore Consumer Law.
19. General Terms
These Terms are personal to you and you may not assign your rights or obligations to anyone. If any provision of these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.