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The Small Print…

Seymour & Lerhn Terms & Conditions | March 2019

Online Terms & Conditions – Issue March 2019

 

 

Introduction

Seymour & Lerhn is a service provider of 360, VR & AR for museums, heritage and outreach and an online subscription educational platform providing interactive, 360, VR & AR virtual experiences in line with the UK National Curriculum.

 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 for discovering and exploring Seymour & Lerhn content, including all features and functionalities, the website, and user interfaces, as well as all content and software associated with our service.

 

Usage Options

Museum Services

As used in these Terms of Use, “The Client”, “Museum Services”, “Heritage” or “Outreach” is a broad term to describe any commercial services supplied for any organisation other than a teaching facility. 

There are 3 packages:

BUILD

This package offers a fully bespoke and exclusive service. The client instructs the work to their requirements and the content is supplied exclusively to this organisation. 

  1. Copyright
    1. The visual representations created by us remain the copyright property of Seymour & Lerhn unless otherwise agreed in writing. 
    2. Seymour & Lerhn retain all rights and ownership of the content unless otherwise agreed in writing.
  2. Maintenance, Service & Hosting
    1. Ongoing maintenance costs will be invoiced annually if not included as part of the package. Where the maintenance fee is beyond the payment period specified in the invoice, the service will be stopped, until such point the outstanding balance is settled.
    2. The Maintenance, Service & Hosting fee will be agreed prior to instruction, and will be based on the required level of usage and hosting. 
    3. We will provide a network connectivity of 99.99% uptime for availability for the Seymour & Lerhn online service (excluding scheduled maintenance where advanced notification will be given where possible)
    4. The product experience and features may vary depending on the capabilities of the device used to access the product. The service is designed for use with the latest versions of the most widely used browsers and hardware.
    5. Seymour & Lerhn offers office hours support for any issues observed with the Product. This does not include user and demonstration support, which is provided with the Product. 
    6. Revisions to the visuals or package once this has been supplied to the client will be subject to revision fees. 
  3. Cancellation
    1. Where the client wishes to stop use of a BUILD package, notice should be made by email or letter stating the intent for the element of service to not be continued. The Service & Maintenance period will end at the completion of the current period. There is no minimum service period unless stated within the original quote.
    2. ‘Buy Back’ Scheme
      1. At the end of the service agreement, Seymour & Lerhn may offer to refund part of the value to ‘Buy Back’ exclusivity rights. 
      2. In this instance, all rights to exclusive use will be forfeited and Seymour & Lerhn will include the package within the collaboration package.
      3. The refunded value is dependent on the individual circumstances of the content. 
      4. Seymour & Lerhn reserve the right to make the final decision on the suitability of a package for use on the collaboration platform. 

PILOT

This package offers a semi bespoke service. The client will discuss and agree requirements with Seymour & Lerhn. The content is non-exclusive and is hosted on the collaboration platform for use by the education platform and other museums choosing a ‘CHARTER’ package.

  1. Copyright
    1. The visual representations created by us remain the copyright property of Seymour & Lerhn. 
    2. Seymour & Lerhn retain all rights and ownership of the content.
  2. Maintenance, Service & Hosting
    1. Ongoing maintenance costs will be invoiced annually if not included as part of the package. Where the maintenance fee is beyond the payment period specified in the invoice, the service will be stopped, until such point the outstanding balance is settled.
    2. The standard PILOT Maintenance, Service & Hosting fee is charged at £350 per year. This is according to our standard usage expectations, but may be subject to change depending on hosting and usage requirements of the Client. Any variation will be included as part of the formal quote or agreement.
    3. We will provide a network connectivity of 99.99% uptime for availability for the Seymour & Lerhn online service (excluding scheduled maintenance where advanced notification will be given where possible)
    4. The product experience and features may vary depending on the capabilities of the device used to access the product. The service is designed for use with the latest versions of the most widely used browsers and hardware.
    5. Seymour & Lerhn offers office hours support for any issues observed with the Product. This does not include user and demonstration support, which is provided with the Product. 
    6. Revisions to the visuals or package once this has been supplied to the client will be subject to revision fees. 
  3. Cancellation
    1. Where the client wishes to stop use of a PILOT package, notice should be made by email or letter stating the intent for the element of service to not be continued. The Maintenance, Service & Hosting period will end at the completion of the current period. There is no minimum service period unless stated within the original quote.
    2. Collaboration Platform
      1. All works generated on the PILOT scheme will also be hosted on the collaboration platform for use by education providers and other museums purchasing the CHARTER option. 
      2. The client will receive a discounted rate, that which will be clearly shown in the original quote.
      3. Seymour & Lerhn reserve the right to make the final decision on the suitability of a package for use on the collaboration platform. If the package is not suitable for collaboration, you will be offered a variation of the services to meet the requirements for inclusion on the collaboration platform. If this is not possible, you will not be eligible for the discounted rate and will instead be quoted for a BUILD package with subsequent exclusivity rights.

CHARTER

This package allows a museum to hire an existing tour for a period of time on a rental agreement. 

  1. Copyright
    1. The visual representations created by us remain the copyright property of Seymour & Lerhn. 
    2. Seymour & Lerhn retain all rights and ownership of the content.
  2. Maintenance, Service & Hosting
    1. Ongoing maintenance costs will be included as part of the rental package.
    2. We will provide a network connectivity of 99.99% uptime for availability for the Seymour & Lerhn online service (excluding scheduled maintenance where advanced notification will be given where possible)
    3. The product experience and features may vary depending on the capabilities of the device used to access the product. The service is designed for use with the latest versions of the most widely used browsers and hardware.
    4. Seymour & Lerhn offers office hours support for any issues observed with the Product. This does not include user and demonstration support, which is provided with the Product. 
    5. Revisions to the visuals or package are not available on the CHARTER package, but may be possible by request.
  3. Cancellation (Please see ‘Billing‘ section for further information)
    1. The client may register for a set period of time, in which case access will cease at the end of the agreement.
    2. Where a client is on a rolling contract, notice should be made by email or letter stating the intent for the element of service to not be continued.
    3. If the subscription is cancelled early, 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.
  4. Collaboration Platform
    1. All works on the collaboration platform are available for use by education providers and other museums purchasing the CHARTER option. 
    2. The client holds no exclusivity rights, and the content may be rented by another party at any time. 

Education Membership

As used in these Terms of Use, “The Client”, “Schools”, “Teaching facilities” or “Education Providers” is a broad term to describe any place of education. 

  1. Membership to Seymour & Lerhn provides unlimited access to interactive, 360, VR & AR virtual experiences in line with the UK National Curriculum.
  2. We offer a number of membership options, please ensure you have the correct membership for your needs. Find our handy checklist here.
  3. Your Seymour & Lerhn membership will continue either yearly or monthly until terminated. To use the service, you must have internet access and an internet enabled device, and provide us with a valid payment method. Payment Method means a current, valid and accepted form of payment. Unless you cancel your membership before your next billing date, you authorise us to charge your next membership fee to your Payment Method.

 

General Terms & Conditions

Free Trials

  1. From time to time we may offer promotional free or discounted trials. These are subject to the same terms and conditions as full membership
  2. We reserve the right to change or remove free trials at any point. This will not affect any current or existing free trials.

Ownership of rights

  1. All rights, including copyright, in this website are owned by or licensed to Seymour & Lerhn. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
  2. Seymour & Lerhn own the full copyright to all content, including, but not limited to, the content, branding and service.
  3. No content or copyrighted material may be reused outside of the Seymour & Lerhn platform without the express written permission of Seymour & Lerhn.
  4. No content or copyrighted material may be uploaded to or otherwise used on any third party platform or system without the express written permission of Seymour & Lerhn.
  5. Users may not resell or charge for use, any material owned by Seymour & Lerhn without the express written permission of Seymour & Lerhn.

Use of Service

  1. You must be 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. Children and minors using the service should be suitably supervised by an adult.

Accuracy of content

  1. We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all services have been described accurately.
  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 as per the government website, accuracy of educational content should be checked by teaching professional for curriculum changes.

Passwords and Account Use

  1. You may share your Lerhn at Home account with children, immediate family members and occupants of the registered address. This account may not be used in public areas (including but not limited to schools, hospitals & prisons). This account may not be used for promotion or personal gain unless the intended use has been approved by Seymour & Lerhn in writing.
  2. You may share your Primary, Secondary, Early Years or SEN account with pupils, teachers and staff for exclusive use on school premises. This account may not be shared with other schools and home use is not permitted. Please contact us to find out more about our Homework add on for schools.

Damage to your computer

We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. We will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

Ordering errors

  1. You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
  2. We are happy to assist with the correction of orders brought to our attention after this point. This may result in additional charges if there is a price difference in products.

Price

  1. The prices payable for services that you order are as set out on our website OR by quotation.
  2. All prices are exclusive of VAT and are correct at the time of entering information unless otherwise indicated.
  3. Once a quote has been agreed, the client agrees to pay the agreed fees or invoices as laid out in the agreement.

Payment terms

We accept no liability if our services are delayed because you did not give us the correct payment details.

 

Billing & Cancellation

Billing

Your Seymour & Lerhn membership will be billed either yearly or monthly until terminated. 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

  1. You can cancel your subscription via your account page, the cancellation form provided at the end of these terms and conditions, or by notifying us in writing. We must receive notification of your intent to cancel prior to the next payment being taken. 
  2. 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.
  3. 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). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty (unless we have begun the services within the Cancellation Period in accordance with clause 10.5)
  4. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 do not apply if the services you have ordered are of a gambling, banking, credit, insurance, personal pension, investment or payment nature.
  5. In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you cannot cancel your contract if the services you have ordered are passenger transport services, services (other than the supply of water, gas, electricity or heating) for which the price is dependent on fluctuations in the financial market, urgent repairs or maintenance where you have specifically requested a visit, accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities (if the contract provides for a specific date or period of performance).
  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.

Cancellation by us

We reserve the right not to process your order if:

  • We have insufficient staff or resources to deliver the services you have ordered;
  • We do not provide services to your area; or
  • One or more of the services you ordered was listed at an incorrect price due to a typographical error.

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.

Complaints

If you have any questions or complaints about the services please contact us. You can do so at:

  • 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.

 

Liabilities & Third-Parties

Liability

  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.
  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.
  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.

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 displayed on our website from time to time.

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.

Law, jurisdiction and language

  1. 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.
  2. All contracts are concluded in English.

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.

Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

Third party rights

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

Other important terms

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may submit the dispute for online resolution to the European Commission Online Dispute Resolution platform.

 

I’d like to cancel my membership…

No problem. Just use the following form to tell us who you are and we’ll do the rest.

Can we change your mind? 

We hate saying goodbye. If it’s something we’ve done, we’d like to make it right! 

Before you cancel, why not get in touch and see if we can help?

 

But if you’re sure…