About the Component Library
The Components available via the Component Library are interactive learning activities that enhance learning experiences built within Smart Sparrow’s Adaptive e-Learning Platform (the “Platform”). The Components are free to use in conjunction with the Platform. For this reason, the Component Terms should be read in conjunction with the Terms and Conditions related to Smart Sparrow’s other Services.
Your Use of the Components
In order to utilise the Components, you will require a Smart Sparrow Platform account. You agree not to access or utilise (or attempt to access or utilise) any of the Components by any means other than through the interface that is provided by Smart Sparrow, unless you have been specifically allowed to do so in a separate agreement with Smart Sparrow. You specifically agree not to access (or attempt to access) any of the Components through any automated means (including use of scripts or web crawlers). You agree that you will not engage in any activity that interferes with or disrupts the availability of the Components or Services (or the servers and networks which are connected to the Components or Services). Unless you have been specifically permitted to do so in a separate agreement with Smart Sparrow, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Components for any purpose. You agree that you are solely responsible for (and that Smart Sparrow has no responsibility to you or to any third party for) any breach of your obligations under the Component Terms and for the consequences (including any loss or damage which Smart Sparrow may suffer) of any such breach. You may stop using the Services at any time. You do not need to specifically inform Smart Sparrow when you stop using the Services.
Provision of the Components by Smart Sparrow
The Components are provided entirely under a Software-as-a-Service (SAAS) delivery model. Smart sparrow aims to provide 99% availability of the Components. In the event of downtime and/or lack of access to the Services, we shall correct such loss or interruption as quickly as practicable.
Further, you acknowledge and agree that:
- no software can be free of bugs or errors;
- the Components are provided ‘as-is’ according to these Component Terms;
- Smart Sparrow is not liable (whether for negligence, strict liability, misrepresentation or other torts) for any indirect, incidental, special, consequential or exemplary damages which may be incurred due to use of the Components;
- the form and nature of the Components that Smart Sparrow provides may change from time to time without prior notice to you;
- your access to the Components does not constitute a license or transfer of intellectual property related to the Components;
- Smart Sparrow may stop (permanently or temporarily) providing the Components (or any features within the Services) to you or to users generally at Smart Sparrow’s sole discretion, without prior notice to you; and
- if Smart Sparrow disables access to your Platform account, you may be prevented from accessing the Components, your account details or any files or other content which is contained in your account.
Help with Components
You may not accept the Component Terms or use the Components if (a) you are not of legal age to form a binding contract with Smart Sparrow, or (b) you are a person barred from receiving the Components under the laws of Australia or other countries including the country in which you are resident or from which you use the Components or Services.