Terms & Conditions

PLEASE READ THESE TERMS CAREFULLY

BY USING THE PRODUCT AND THE SERVICES, YOU ACCEPT THESE TERMS. USERS UNDER 18 YEARS OF AGE NEED PERMISSION FROM THEIR CLASS TEACHER BEFORE USING THE PRODUCT, THE DOCUMENTATION AND THE SERVICES.

IF YOU ARE A TEACHER REGISTERING A CHILD TO USE THE PRODUCT, THE DOCUMENTATION AND THE SERVICES, YOU ARE RESPONSIBLE FOR ENSURING THAT SUCH CHILD IS NOT IN BREACH OF THESE TERMS.

WHO WE ARE AND WHAT THIS AGREEMENT DOES

We are Heriot-Watt University, established by Royal Charter in the United Kingdom with registration number RC000216 and a charity registered in Scotland with charity number SC000278 whose principal office is at Riccarton, Edinburgh EH14 4AS, Scotland, UK (“us” or “we” or “HWU” or “our”).

These Terms cover the pilot project for the Smith Schools’ Series, intended to introduce the thinking and life of Adam Smith to a new generation in an impactful and interactive way, where specific schools in Edinburgh chosen by HWU are provided with access to the Product, the Documentation and the Services for use by teachers with their class to learn about the Enlightenment (Pilot Project).

Whenever you use the Product, the Documentation and the Services you are accepting these Terms.

We hereby grant you a non-exclusive, royalty-free, revocable, non-transferable licence to use:

the online educational computer program including (without limitation) an interactive map of Edinburgh, portrait gallery, Escape Room and timeline, (and any updates or supplements to it) (Product);
the related online or electronic learning documentation (including, without limitation, learning resources and quizzes) (Documentation); and
the services you connect to via the Product and the content we provide to you through it (Services),

all subject to these Terms.

YOUR PRIVACY

We only use any personal data we collect in the ways set out in our privacy policy.

Please be aware that internet transmissions are never completely private or secure and that any message or information sent using the Product or the Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

FEE

During the period of the Pilot Project, no fee will be payable by you to us for access to the Product, the Documentation and the Services.

OBLIGATIONS OF TEACHERS

Where a teacher has been given access by HWU to the Product, the Documentation and the Services for use with the pupils in their class (Pupils) as part of the Pilot Project then such teacher agrees to complete as part of our monitoring and evaluation purposes, an impact assessment for HWU (in a form provided by HWU).

You can only use the Product, the Documentation and Services where you have been invited by HWU to participate in the Pilot Project and granted access by HWU.

You will be responsible for creating (a) a teacher account for the Product, the Documentation and the Services, and (b) individual logins for the Pupils.

PANMURE HOUSE VISIT

As part of the Pilot Project, HWU may arrange for teachers and their classes (one class at a time) to attend Panmure House in Edinburgh. This will be subject to availability of Panmure House, COVID-19 restrictions and consent provided by the school and parents.

OPERATING SYSTEM REQUIREMENTS

This Product, the Documentation and the Services requires a computer or iPad operating system.

YOU MUST BE AT LEAST 18 YEARS OLD TO ACCEPT THESE TERMS

To register for a teacher account, you must be at least 18 years of age and employed by a school to work with pupils.

Users under 18 years of age need permission from their teacher before using the Product, the Documentation and the Services.

If you are a teacher registering a Pupil to use the Product, the Documentation and the Services, you are responsible for ensuring that the Pupil is not in breach of these Terms (as if they were a party to these Terms).

YOU MAY NOT TRANSFER THE PRODUCT TO SOMEONE ELSE

We are giving you and your Pupils the right to use the Product, the Documentation and the Services. You and your Pupils may not transfer the Product, the Documentation or the Services to someone else, whether for money, for anything else or for free.

CHANGES TO THESE TERMS

We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce.

UPDATES AND CHANGES

From time to time we may update or change the Product, the Documentation and/or the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues.

IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING

If you access the Product, the Documentation and/or the Services on any computer or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the computer or other device.

WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE

By using the Product, the Documentation or the Services, you agree to us collecting and using technical information about the devices you use these on and related software, hardware and peripherals to improve our products and to provide the Product, the Documentation and the Services to you.

WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO

The Product, the Documentation or the Services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgment about whether to use any such independent sites, including whether to view any contents or buy any products or services offered by them.

LICENCE RESTRICTIONS

You agree that you will:

use the Product, the Documentation and the Services only for your personal education and entertainment, or, where you are a teacher, for teaching the Pupils;
not rent, lease, sub-license, loan, provide, or otherwise make available, the Product, the Documentation or the Services in any form, in whole or in part to any person (other than the Pupils) without prior written consent from us;
not copy the Product, the Documentation or the Services (including, without limitation, taking any screenshots);
not translate, merge, adapt, vary, alter or modify, the whole or any part of the Product, the Documentation or the Services nor permit the Product, the Documentation or the Services (or any part of them) to be combined with, or become incorporated in, any other programs; and
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Product, the Documentation or the Services nor attempt to do any such things.

ACCEPTABLE USE

You must:

not use the Product, the Documentation or the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Product, the Documentation or the Services or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the Product, the Documentation or the Services, including by the submission of any material (to the extent that such use is not licensed by these Terms);
not transmit any material that is defamatory, offensive, untrue or otherwise objectionable in relation to your use of the Product, the Documentation or the Services;
not use the Product, the Documentation or the Services in a way that could damage, disable, overburden, impair or compromise our systems or security (or those of our suppliers) or interfere with other users; and
keep your login details and those of the Pupils private, and tell us promptly if you think that someone else has used them.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the Product, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the Product, the Documentation and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Product, the Documentation or the Services other than the right to use them in accordance with these Terms.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.

When we are not liable for damage to your property. We will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The Product, the Documentation and the Services are for educational and private use. If you use the Product, the Documentation and the Services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the Product, the Documentation and the Services. Although we make reasonable efforts to update the information provided in the Product, the Documentation and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Check that the Product, Documentation and the Services are suitable for you. The Product, the Documentation and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Product, the Documentation and the Services meet your requirements.

We are not responsible for events outside our control. If our provision of the Product, the Documentation and the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract.

WE MAY END YOUR RIGHTS TO USE THE PRODUCT, THE DOCUMENTATION AND THE SERVICES IF YOU BREAK THESE TERMS

We may end your rights to use the Product, the Documentation and the Services at any time by contacting you if you have broken these Terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the Product, the Documentation and the Services then you must stop all activities authorised by these Terms, including your use of the Product, the Documentation and the Services.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.

YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

NO RIGHTS FOR THIRD PARTIES

These Terms do not give rise to any rights to any third party to enforce these Terms.

IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them (or any part) are unlawful, the remaining paragraphs (or parts) will remain in full force and effect.

EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

These terms are governed by Scots law and you can bring legal proceedings in respect of the Product, the Documentation and the Services in the Scottish courts.

Version [1]

Date [13 August 2021]

Terms & Conditions: Smith Schools' Series