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The Small Print…

Seymour & Lerhn Terms & Conditions of Use | April 2021

Online Terms & Conditions of Use – Issue April 2021

 

 

Introduction

Seymour & Lerhn is a service provider of immersive learning tools including 360, VR, AR and interactive digital experiences for schools, museums, heritage, and outreach.

 These Terms & Conditions govern your use of our service. As used in these Terms of Use, “Seymour & Lerhn platform”, “our service” or “the service” means the service provided by Seymour & Lerhn, including the platform, all features and functionalities, the website, and user interfaces, as well as all content and software associated with the service.

Terms & Conditions relating to bespoke services and services for museums, heritage, or outreach.

 

Schools and Educational Use

 

TL;DR
In a hurry? Here are the key points:
  1. Membership to Seymour & Lerhn provides access to the online platform and content in line with the UK National Curriculum on a recurring yearly subscription.

  2. There are a number of membership options, please ensure you have the correct membership for your needs. Find our handy checklist here.

  3. Teacher Subscriptions may only be used by the registered user and account details may not be shared.

  4. School Subscriptions include seats for teachers and pupils. Accounts may only be used by the subscribing school and seats, accounts or log in details must not be shared or distributed without prior written consent from Seymour & Lerhn.

  5. Your Seymour & Lerhn membership will renew yearly or monthly (depending on your subscription) until terminated. To use the service you must have internet access and an internet enabled device and provide a valid payment method.

  6. Unless you cancel your membership before your next billing date, you authorise us to charge your next subscription fee to your Payment Method.

  7. You must read and agree the Terms & Conditions in full prior to subscribing or use of the Platform.

 

Full Terms & Conditions

1.0 Definitions

1.1 “Subscription” means recurring payment providing continued access to content

1.2 “Service”, “Software”, “Website” or “Platform” means the online platform and any digital content accessed from or through seymourlerhn.com

1.3 “Base Subscription” is the main subscription providing access to the Platform and Virtual Tours

1.4 “Add-on Subscription” Add-on Subscriptions offer bonus content and materials which can be used in conjunction with virtual tours

1.5 “Virtual Tours” are 360 environments with interactive elements

1.6 “Virtual Reality (VR)” is any Virtual Tour or content compatible with a VR headset or VR goggles

1.7 “Augmented Reality (AR)” is any content enabling a digital overlay in real-world space through a smart-device with an integrated camera

1.8 “Customer Data” means all personal information relating to the client and their users including email addresses, names, and any other data provided to Seymour & Lerhn for the purposes of the contract

1.9 “Maintenance” means ongoing updates to keep the platform up to date

1.10 “Payment Method” means a current, valid and accepted form of payment

1.11 “The Client”, “Schools”, “Teaching Facilities” or “Education Providers” – a broad term to describe any place of education

1.12 “Supplier” Seymour & Lerhn (Oasis Urban Estates Ltd) Registered Company Number 5841189 of Unit 4, Chatsworth Technology Park, Dunston Road, Chesterfield, S41 8XA

1.13 “Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of or problems with the internet or a part of the internet, hacker attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

2.0 Use of the Platform

2.1 Any use of this website, platform, or its contents, may be used only in accordance with the Terms & Conditions. By using the platform, you agree to abide by the terms of use.
2.2 You must be over 18 years of age to subscribe to Seymour & Lerhn. Accounts for minors must be registered under the name of the adult responsible for the Payment Method.
2.3 Children and minors using the service should be suitably supervised by an adult.
2.4 Platform content is immediately accessible after you have subscribed.

3.0 Ownership of Rights and Restrictions

3.1 All rights, including copyright, are owned by or licensed to Seymour & Lerhn. Any unauthorised use of this website, platform, or its contents, including copying or in whole or part is expressly prohibited without the written permission of Seymour & Lerhn. You may not modify, re-distribute, or re-post anything for any purpose without the express permission of Seymour & Lerhn.
3.2 Seymour & Lerhn own the full copyright to all content including but not limited to assets, branding, source code, resources, and supporting information.
3.3 No content or copyrighted material may be reused outside of the Seymour & Lerhn platform without the express written permission of Seymour & Lerhn.
3.4 No content or copyrighted material may be uploaded to or otherwise used on any unsupported third party platform or system without the express written permission of Seymour & Lerhn. See Supported Third Parties.
3.5 Users may not resell, gift, or charge for use, any material owned by Seymour & Lerhn without the express written permission of Seymour & Lerhn.
3.6 Users will not, directly or indirectly:
3.6.1 Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, algorithms, documentation, or data related to the software or services
3.6.2 Modify, translate, or create derivative works based on the Services, Platform or any Software
3.6.3 Use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third
3.6.4 Remove any proprietary notices or labels

4.0 Accuracy of content

4.1 All prices quoted are correct at the time of publishing but may be subject to change. Seymour & Lerhn reserve the right to adjust subscription prices and service levels.
4.2 Whilst every attempt has been made to ensure that the educational content is in line with the most recent or latest UK National Curriculum guidelines available from the UK GOV.UK website, some content accuracy of educational content should be checked by teaching professional.

5.0 Passwords and Account Use

5.1 Teacher Plan: Teacher plans may only be used by the account holder for front of class or one-to-one teaching purposes. Sharing the account is not permitted under any circumstances.
5.2 Experience and School+ Plans: Premium plans include seats to allow individual accounts for each teacher and child licensed for use on school premises. These accounts are managed by the School Admin. Seats are provided for the subscribing school only and must not be shared with other schools, organisations or anyone not directly linked to the subscribing school, including unused seats or add-on subscriptions.
5.3 Lerhn at Home: Lerhn at Home plans include seats to allow individual accounts for family and residential use. Seats are provided for the subscriber user and their designated users only and must not be shared with others including unused seats or add-on subscriptions.
5.4 Homework: The Homework add-on subscription is intended to be used in conjunction with a schools subscription and licenses the software for use at home and off school premises. It cannot be used as a standalone product.
5.5 Add-on subscriptions: Add-on subscriptions offer bonus content and materials which can be used in conjunction with virtual tours. A Base Subscription is required to use add-on subscriptions.
5.6 Accounts may not be used for promotion or personal gain without authorisation in writing by Seymour & Lerhn.
5.7 Seats: Seats are provided on a fixed basis and cannot be transferred. Unused seats cannot be exchanged or refunded and may not be shared with another school unless permission is obtained from Seymour & Lerhn in writing.

6.0 Free Trials

6.1 From time to time we may offer promotional trials. These are subject to the same terms and conditions as full membership
6.2 We reserve the right to change terms or revoke promotional trials at any point

7.0 Damage to your computer

7.1 While we have taken care to ensure that the content, Website and Platform are accurate and that you suffer no loss or damage because of your use of the Website or Platform, the Website and the services accessible on or via the Website are provided “as is” and your use of the online Service is at your own risk.
7.2 We do not warrant that the Website, Platform, or any tools, software, information, content or online services will be error-free or will meet any particular criteria of accuracy, completeness, reliability, performance or quality.
7.3 We expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, title, and fitness for a particular purpose, non-infringement, compatibility, security and accuracy. While we take all reasonable precautions to prevent this, we do not warrant that the Website or any software available for download via the Website is free of viruses or destructive code.
7.4 We and our subsidiaries, affiliates, officers, shareholders, agents, consultants or employees are not liable for any damages whatsoever relating to your use of the Website or the online services or the information contained on the Website or your inability to use the Website or the online services. This includes, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, derelict or otherwise and regardless of whether we were expressly advised of the possibility of such loss or damage.

8.0 Ordering errors

8.1 You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
8.2 To correct confirmed orders, please contact hello@seymourlerhn.com.
Changes after the order has been placed may result in additional fees subject to the elapsed time and product variation.

9.0 Pricing and Payments

9.1 The prices payable for subscriptions and services are as set out on our website
9.2 All prices are exclusive of VAT and are correct at the time of entering information
9.3 All subscriptions are non-refundable and will automatically renew at the end of the subscription period unless the user unsubscribes from all active subscriptions prior to the expiry date
9.4 All transactions are completed through Stripe and no payment details are stored by Seymour & Lerhn or partners. Stripe Checkout Terms & Conditions can be found here: https://stripe.com/en-gb/checkout/legal
9.5 In special circumstances, we may provide a bespoke quote. Once a quote has been agreed, the client agrees to pay the agreed fees or invoices as laid out in the agreement.
9.6 We accept no liability if our services are delayed due to incorrect or incomplete payment information

10.0 Billing & Cancellation

Billing:

10.1 Your Seymour & Lerhn membership will be billed either yearly or monthly until terminated.
10.2 Unless you cancel your membership before your next billing date, you authorise us to charge your next membership fee to your Payment Method.

Cancelling your subscription:

10.3 You can cancel your subscription via your account page. We must receive notification of your intent to cancel prior to the next payment being taken. 
10.4 Upon cancellation you will continue to have access to subscribed content until the paid subscription ends. All billing is paid up front for the subscription period and is non-refundable. If the subscription is cancelled, access will continue until the end of the subscription period at which point it will end. There will be no partial payments or refunds for unused membership.
10.5 Where you are a consumer as defined in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which the contract is entered into (the Cancellation Period).
10.6 Your right to cancel continues until either the end of the Cancellation Period, or the completion of the services, whichever is the earlier. If you cancel during the Cancellation Period we may charge you for any services provided up until the point when we receive your cancellation notice, and will provide a partial and proportionate refund accordingly. Your right to cancel the services will no longer apply once the services have been fully performed.
10.7 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 do not apply if the services you have ordered are digital or instant access, including the Platform, Base Subscriptions, Add-On Subscriptions and/or digital resources in accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 Part 3 Regulation 37 Supply of digital content in cancellation period.

Cancellation by us:
We reserve the right not to process your order if:
10.8 We have insufficient staff or resources to deliver the services you have ordered;
10.9 We do not provide services to your area; or
10.10 One or more of the services you ordered was listed at an incorrect price due to a typographical error.
10.11 If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.

11.0 Account Termination

11.1 Early termination is subject to the clauses laid out in Section 10.0 Billing & Cancellation
11.2 Seymour & Lerhn reserve the right to terminate any account upon 30 days notice (or without notice in the case of nonpayment) if the Client breaches any of the terms or conditions of use.
11.3 Upon any termination, Company will make all Customer Data available to Customer for electronic retrieval for a period of thirty (30) days, but thereafter Company may, but is not obligated to, delete stored Customer Data.
11.4 All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.

12.0 Liabilities, Limitations & Third-Parties

12.1 We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.
12.2 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
12.3 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
12.4 Notices: Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at (Unit 4, Chatsworth Technology Park, Dunston Rd, Chesterfield, S41 4XA) and all notices from us to you will be email to your admin email account and/or displayed on our website from time to time
12.5 Changes to legal notices: We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible. If these changes directly impact the service you receive, we will notify you 30 days prior to the implementation of the changes.
12.6 Law, jurisdiction and language: This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
12.7 Invalidity: If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
12.8 Privacy: You acknowledge and agree to be bound by the terms of our privacy policy.
12.9 Third party rights: Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

13.0 Force Majeure Event

13.1 Where a Force Majeure Event gives rise to a failure or delay in either party performing its obligations under the Agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure Event.
13.2 A party who becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under the Agreement, will:
13.2 1 Forthwith notify the other; and
13.2.2 Will inform the other of the period for which it is estimated that such failure or delay will continue.
13.3 The affected party will take reasonable steps to mitigate the effects of the Force Majeure Event.

14.0 Uptime commitment

14.1 The Provider shall use all reasonable endeavours to ensure that the Platform is available 99.9% of the time during each calendar month, subject to Paragraph 8.
14.2 The following events do not count towards our calculation of uptime:
14.2.1 Scheduled maintenance;
14.2.2 Emergency maintenance, hardware and software failure
14.2.3 Distributed denial of service (DDOS) attacks, hacker attacks, and other similar events;
14.2.4 Downtime caused by you, your own configuration, or third-party applications you use;
14.2.5 Downtime caused by your violation of these Tcs or any other policy announced on our website;
14.2.6 Downtime during upgrade/downgrade of your resources;
14.2.7 Downtime during processing of your technical support request(s); or
14.2.8 Force majeure or any event beyond our control.

14.0 Complaints

If you have any questions or complaints about the Service please contact us:

01246 622622
Unit 4, Chatsworth Technology Park, Dunston Rd, Chesterfield, S41 4XA
hello@seymourlerhn.com

We are under a legal duty to supply services that are in conformity with this contract and in accordance with the Consumer Rights Act 2015.