Terms of use policy for M365 guest access to Midlothian Council

Effective date: 4 June 2024

This Terms of Use Policy ("Policy") governs your access to and use of the Microsoft 365 ("M365") services provided by Midlothian Council ("we," "us," or "our") as a guest user ("Guest"). By accessing or using M365 as a Guest, you agree to be bound by this Policy. If you do not agree with these terms, you may not access or use M365 as a Guest.

1. Account and access

1. You must be invited by an authorised user of our M365 domain to access M365 as a Guest. By accepting the invitation, you agree to the terms of this Policy.
2. You must use Multi-Factor Authentication to access your M365 Guest account.
3. You are responsible for maintaining the confidentiality of your Guest account credentials. You must promptly notify us of any unauthorised use or suspected breach of your account.

2. Use of M365

1. You may only use M365 in compliance with applicable laws, regulations, and this Policy.
2. You agree not to engage in any activity that may disrupt or interfere with the functioning of M365 or compromise the security or integrity of the system.
3. You agree not to use M365 for any unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable purpose.
4. You are solely responsible for the content you upload, store, or share through M365. You represent and warrant that you have the necessary rights or permissions to use and share such content.

3. Intellectual property

1. Our M365 services, including but not limited to software, trademarks, logos, and other content, are protected by intellectual property rights. You agree not to modify, distribute, reproduce, or create derivative works based on such materials without our prior written consent.
2. Any feedback, suggestions, or ideas you provide to us regarding M365 may be used by us without any obligation to compensate you.

4. Privacy and data protection

1. To use M365, you first need a Microsoft account, for which their privacy statement applies.
2. For the collection and processing of personal data stored in our M365 applications, we are acting as data controller and Microsoft is acting and data processor.
3. We collect and process personal data in accordance with our Privacy Policy. By using M365 as a Guest, you consent to our collection, use, and disclosure of personal data as described in the Privacy Policy.
4. You understand that as a Guest, your activities within M365 may be monitored to ensure compliance with this Policy and applicable laws.

5. Termination

1. We reserve the right to suspend or terminate your access to M365 at any time and for any reason, without prior notice.
2. Upon termination, all rights granted to you under this Policy will cease, and you must immediately cease all use of M365.

6. Limitation of liability

1. To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of M365 as a Guest.
2. We make no warranties or representations regarding the availability, reliability, or accuracy of M365. M365 is provided on an "as-is" and "as available" basis.

7. Changes to this policy

1. We reserve the right to modify or update this Policy at any time without prior notice. The most current version of the Policy will be posted on our website and made available through M365.
2. Your continued use of M365 after any modifications to this Policy constitutes your acceptance of the revised terms.

8. Governing law and dispute resolution

1. This Policy shall be governed by and construed in accordance with Scots law and each party hereby irrevocably submits to the jurisdiction of the Scottish courts. The submission to such jurisdiction shall not (and shall not be construed so as to) limit the right of Midlothian Council to take proceedings against the parties in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction, whether concurrently or not. 
2. The parties must attempt in good faith to resolve any dispute between them arising out of or in connection with this Policy.
3. Any dispute or difference arising out of or in connection with the Policy, including any question regarding its existence, validity or termination which cannot be resolved in good faith, shall be determined by the appointment of a single arbitrator to be agreed between the parties, and failing agreement within 14 days after either party has given to the other a written request to concur in the appointment of an arbitrator, by an arbitrator to be appointed by the Scottish Arbitration Centre on the written application of either party. The seat of the arbitration shall be in Scotland. The language used in the arbitral proceedings shall be English. 
4. Any arbitration under 8b is subject to the Arbitration (Scotland) Act 2010.