Terms and Conditions for Students
We encourage you to read these terms carefully, and to contact us if you have any questions. By using our services or registering for a course, you agree to be bound by, and to abide by, these Terms. If you do not agree to be bound by these Terms, or are not able to enter into a binding agreement, then unfortunately you may not register for a course or use our services.
Welcome to GetSmarter!
- These Student Terms and Conditions ("Terms") set out the terms and conditions that govern your use of GetSmarter's products and services (like our website services and course content), as well as your registration for any short course or other program ("Course") offered by GetSmarter. These Terms can also be seen as your comprehensive Student Handbook, information source and rulebook. We hope that you find this information helpful.
- Although all these Terms are important, please pay particular attention to any terms that are emphasised in "bold" text.
- Acceptance: By clicking on the "Agree" button when signing up for a Course, you agree to be bound by these "Terms", which include, by reference, the Policies.
- License: Subject to these Terms, and to the payment of any applicable fees, we grant you a limited, personal, non-exclusive, non-transferable and revocable license to use our services and products, including all services associated with our Courses, and the Online Campus through which Course content is accessed (this "Online Campus" is our student management system that we use to facilitate constructive interaction between GetSmarter, students and university stakeholders).
- Suitability of Course: Before registering for any Course, you are responsible to satisfy yourself as to the relevance and suitability of the Course for your individual requirements, through consideration of the information supplied through our Websites, and asking questions, if necessary.
- Commencement of Course: You will only receive confirmation of your registration for a Course, and be allowed access to the Online Campus, once you have made the minimum payment for the Course in accordance with the payment plan you select (unless otherwise specifically stated in the information pack relevant to your Course). There may also be a delay of access to the Online Campus until you are formally enrolled in our records.
- Minors: If you are under the age of 18, you must obtain the written consent and assistance of your parent or legal guardian to enter into these Terms or register for a Course.
- Accessibility statement: GetSmarter is committed to providing an Online Campus that is accessible to the widest possible audience, regardless of technology or ability. We are actively working to increase the accessibility and usability of our Website and Online Campus for all our students, including those with disabilities, as more fully described below:
- Standards: We aim to conform to level AA of the World Wide Web Consortium (W3C) Web Content Accessibility Guidelines (WCAG) 2.0.
- Reviews: Our Online Campus is periodically reviewed by an accessibility expert who uses a range of different assistive technologies and computer settings to test the Online Campus for conformance with the above standards of accessibility, and we are committed to diligently and timeously resolving all areas of non-conformance.
- Exceptions: While we strive to ensure that our Online Campus conforms to level AA of the WCAG 2.0, there may be limited exceptions where the Online Campus is not yet fully up to level AA standard. We are continually seeking out solutions that will bring all areas of the Website and Online Campus up to the same level of overall accessibility. Please note that our marketing websites may not currently conform to level AA of the WCAG 2.0.
- Accessibility requests: If you experience any difficulty in accessing any aspect of the Website or Online Campus, or would like further insight into our Accessibility Policy and accessibility accommodations, please don't hesitate to contact your Performance Coach or email email@example.com. GetSmarter reviews all requests for disability-related accessibility accommodations, and is resolved to taking commercially reasonable steps to extend the Online Campus' functionality to accommodate all our students.
- Registration online: Students can register for Courses online through the links available on our marketing Website.
Basic requirements: In order to complete a Course, you will need a current email account and access to a computer and the internet. Students should be familiar with using a computer and accessing the internet, as you may need to be able to read documents in Adobe PDF Reader, view Microsoft PowerPoint presentations, and read and create documents in Microsoft Word. In addition, students will need to install Adobe Flash Player to view the video lectures, resources and activities available in each Course module. Both Adobe applications are available for download:
Adobe Reader: https://get.adobe.com/reader/?promoid=BUIGO
Adobe Flash Player: https://get.adobe.com/flashplayer/?promoid=BUIGP
Browser requirements: We recommend that students use Google Chrome as their internet browser when accessing the Online Campus. Although this is not a requirement, we have found that this browser performs best for ease of access to Course material. This browser can be downloaded from the following website:
- Additional requirements: Certain Courses may require additional software and resources. These additional software and resource requirements will be communicated to students upon registration and/or at the beginning of the Course. Please note that Google, Vimeo and Youtube may be used in our Course delivery, and if these services are blocked in your jurisdiction, you may have difficulty in accessing Course content – we strongly recommend that you check with us before registering for a Course if you have any concerns about this affecting your experience with the Online Campus.
- Identification: During the Course presentation, students are required to submit a digital copy of formal identification, which reflects the name provided upon registration, for authentication and record purposes. Acceptable forms of identification include an identity document (national ID card), passport, government- or state-issued driver's license, state or province ID card, or birth certificate. Non-submission of valid identification may result in a certificate not being issued to a student who has completed a Course successfully. If you undergo a name change during the presentation of a Course, you will be required to communicate this to your Performance Coach, who will advise you on the process to be followed. The name provided by you will be the one that appears on any certificate that may be issued to you on successful completion of a Course.
- Disclaimer: Students are obliged to source and obtain access to the necessary software and resources at their own cost, and we won't be held liable for any consequences of the use of such software or resources. We do not sponsor or endorse, nor are we affiliated with, the entities responsible for software and resources unless stated otherwise – these are simply programs chosen for their global use patterns and effectiveness for the Course outcomes. We may change the Course requirements for a particular Course at any time by advising students (through the Online Campus or by email to students' chosen email addresses).
- University Records: The University collaborating on your Course shall have discretion to deny your registration for that Course, remove you from that Course, or suspend your activity on that Course, on the basis of written reasons related to outstanding fees owing to the University, misconduct or other lawful impediment. In the event that the University takes such action, your full Course fee will be refunded, and you will need to engage with the University to resolve any dispute arising from this.
- Language: English is the language of instruction and administration for all GetSmarter Courses. All coursework that is required for assessment purposes must be written in English. This includes posts made on the discussion forum.
- Online Campus: Each Course consists of a number of modules delivered over a specified period through the Online Campus, accessible using the "Online Campus" website link provided with your registration. All Course-related documentation is provided in electronic format and can be accessed through the Online Campus.
- Communications: You may receive communication by telephone, email or text message from GetSmarter representatives for Course administration and related purposes, including reminders of assignments and payments due by you, or other information related to your registration or these Terms. You agree and consent to receipt of such communications (although you may opt-out of any generic marketing communications that are unrelated to Course administration, at any time, through the supplied opt-out mechanism).
- Access to Online Campus: Upon your final enrolment for a Course, a profile will be set up for you in the Online Campus (or, if you already have a profile, you will use your existing profile for the new Course). If you are suspended from participation in a Course (for non-payment of fees or any other valid reason), we may suspend access to your profile on the Online Campus. Please note that there may be some time delay between registration and enrolment.
- Permitted use: Only students who are registered for a Course may participate in that Course. Students may not divulge their username or password to any other person, may not permit any other person to participate in the Course on their behalf, and may not impersonate any other person in dealing with GetSmarter or access the Online Campus using another user's username and password. If you forget your username or password, we will only take steps that we regard as being secure to ensure that you re-gain access to your profile. You are prohibited from doing the following:
- Reverse engineering, decompiling, or disassembling any software that is contained within Course content or on the Online Campus.
- Removing any notice of copyright, trademark or other proprietary right from any place where it is on or embedded in the Course content (an example of this would be to edit the IPTC data).
- Sublicensing, reselling, renting, lending, assigning, ceding, donating or otherwise transferring or distributing the Course content or the rights granted under these Terms.
- Making available copies of the Course content on a network server or web server for use by others.
- Using, displaying or otherwise making available the Course content, or any other materials, in an electronic format that enables it to be downloaded or distributed to any third party via mobile devices or shared in any peer-to-peer or similar file sharing arrangement, or by any other means.
- General: All courses are based on continues assessment and there are no examinations, unless stipulated otherwise for a specific Course.
- Modules: Modules may include assignments that count towards the final Course result. The Head Tutor will assess your assignments within an allocated time period. Any queries relating to your previous assignment that will affect the submission of your next assignment should be asked on the Online Campus discussion forum.
- Graded Courses: Graded Courses are formally graded and assessed by the Head Tutor. The Head Tutor allocates a grade for each assignment in accordance with the assessment criteria and procedure for allocation of marks.
- Peer review Courses: Peer review Courses are usually not formally graded and are assessed through a peer review process. However, select Courses have a peer review function within the Course which is assessed and graded. Unless the Course specifically requires that students be partnered with another student also participating in that Course, the assignments completed will be randomly allocated to a set of fellow students for review. Students will be able to see who they are reviewing and who has reviewed them. The Head Tutor, or assistant marker where appropriate, also reviews assignments and provides expert advice and guidance.
- Assignment release: Assignments are released on the date and time indicated in the Course calendar.
- Assignment submission: Assignments are due to be submitted on the date and time as indicated in the Course calendar or as otherwise indicated by your Performance Coach. Students are given a full week (including the weekend) to complete and submit assignments. No late assignments will be accepted after the specified deadline in the Online Campus.
- Late submission of assignments: Students who wish to apply for an assignment extension will be required to complete an Extension Request Form through the Online Campus and submit supporting documentation (for example a medical certificate). Assignment extensions will only be granted under extenuating circumstances, and at your Performance Coach's discretion (you will not automatically be entitled to an extension). Examples of extenuating circumstances that may be accepted are illness that precludes submission of an assignment on time (in which case the Extension Request Form must be submitted at least 48 hours before the assignment due date, and a medical certificate must be provided), or an emergency or special circumstance (in which case the Extension Request Form must also be submitted within 48 hours after the due date).
- Holidays and work trips: Allowances for late submission of assignments are not made if students are away on holiday or on work trips. The Course dates are clearly provided in the information pack or documentation that is available to you before a Course commences, and it is each student's responsibility to ensure that they are able to complete the Course by submitting assignments on time.
- Assignment rewrites: Rewrites of assignments are not permitted. Courses are based on continuous assessment and because contextual feedback is provided after each assignment, rewrites provide an unfair advantage.
- Assignment re-marks: For graded Courses students may request, in writing, a re-mark of an assignment at any stage of the Course. However, no re-marks will be considered after the final results have been released. Please note that re-marks may result in an increase, decrease or no change to a student's mark. The cost of an assignment re-mark is available on request. A re-mark must be requested in writing to the Performance Coach, and the re-mark fee paid, before final results have been released for the Course.
- Final results: Your final result or completion status may be subject to a moderation process. This process involves a moderator reviewing the completed assignments or assessments and altering the results if required. After this process has been completed, students are notified of the release of final results on the Online Campus. If you have outstanding fees or amounts owing, your final result will be withheld until such time as your fees have been settled in full.
- General rules: You are required and encouraged to contribute to the enhancement of the experience of all students and to encourage enthusiasm for learning, intellectual honesty, vigour in debate, openness and respect for fellow students. All students shall adhere to the following core principles or general rules (GRs), and by working together, we can continue to foster a respectful learning environment where we improve lives through better education:
- GR.1: Students must take responsibility for their own learning, while also interacting constructively with their fellow students, Performance Coach, Head Tutor and Tutors.
- GR.2: Students must treat all representatives of GetSmarter, university representatives collaborating on a Course, their fellow students, and any other person encountered through GetSmarter's services ("GetSmarter Stakeholders") with dignity and respect.
- GR.3: Students must not abuse or otherwise interfere with any GetSmarter Stakeholder in any manner which contributes to disrupting their work, or contribute in an intimidating, hostile or demeaning manner. In particular, you undertake not to contribute any intimidating or hostile comments in relation to any GetSmarter Stakeholder's occupation, opinions, race, gender, beliefs or sexual orientation.
- GR.4: Assignments and all other academic submissions for assessment must be your own work (except for assignments that explicitly permit collaboration). Students must not plagiarise or engage in any other form of academic dishonesty.
- GR.5: Students may not make, distribute, reproduce, copy, or make use of any material in which copyright resides, without the permission of the author(s) or owner(s).
- GR.6: Students must comply with any reasonable instruction of a GetSmarter representative.
- Students must refrain from dishonest conduct in completing their assignments and must not copy the work of fellow students or published sources.
- Students may not allow fellow students, friends, family members, or any other individuals to complete their academic work on their behalf.
- Each assignment requires you to accept a plagiarism declaration. This declaration is to be taken seriously as each student is accountable for their own work.
- Instances of plagiarism will be investigated by GetSmarter and may involve consultation with the relevant university or college collaborating on your Course.
Pricing, payment and delivery
- Course fees: When you register for a Course, you agree to pay the applicable Course fee and such other amounts as may be due by you arising from your participation in the Course.
- Tax Invoices in electronic format: You hereby consent to the receipt of an invoice, which shall be sent to you in electronic format, to the email address that you provided upon registering for a Course. All invoices shall reflect the methods of payment that will be accepted in payment of such invoice.
- Currency of invoice: The price of Courses will be reflected in United States Dollars for Courses provided with Collaborators (universities and colleges) based in the United States, Pound Sterling for Courses provided with Collaborators based in the United Kingdom, and South African Rands for Courses provided with Collaborators based in South Africa.
- Bank charges: In the event that bank charges and/or fees are levied on or added to a payment made by you to us from any country or jurisdiction, you shall be liable for all such bank charges and additional costs.
Payment of VAT: Unless the contrary is stated in your invoice or information pack:
- for all Courses presented in collaboration with Collaborators in the USA and UK, all listed Course fees include VAT as it would relate to a person residing in the European Union;
- for all Courses presented in collaboration with Collaborators in South Africa, all listed Courses fees are exempt from VAT for all courses presented in collaboration with Higher Education Institutions, and all other courses are inclusive of VAT, unless stated otherwise; and
- all additional taxes which may be payable in a student's jurisdiction in relation to the Course fee shall be the sole responsibility of the student.
- Payment reference: When making payment to us, you must ensure that your invoice number (to which the payment relates) is reflected on your payment. We will not be held liable if we are unable to locate your payment, and as a result you are suspended from participation in a Course.
- Promo codes: If you have been provided with a promo code and you would like to make use of it when you register for a Course, you will have to indicate this on the GetSmarter Website when registering for the relevant Course (where indicated), and agree to be bound by the terms and conditions of this promo code. Should you register without utilising the promo code, the promo code will become redundant and you will not be entitled to receive the benefit of the promo code, including a refund of any part of the Course fee, once payment has been received by us. In addition, promo codes are non-transferrable and non-refundable - if you request a Course deferral, the promo code shall no longer apply to the fee payable for the deferred Course.
- Suspension for non-payment: If you fail to make payment for a Course by the due date for payment (as agreed during registration and recorded in your invoice), then we may remove you from the Course or suspend your participation in the Course. In such cases you will not be permitted to access the Online Campus until such time as the outstanding payment has been made by you.
- Reminders: You hereby acknowledge and consent to us contacting you in relation to payments due by you for a Course or in terms of these Terms, by way of email, text message, telephone calls, or other means as determined by us.
- Dispute: If there is a dispute between us relating to the payment of any Course fee, or the way in which you use the Online Campus or the Website, we may at our sole discretion suspend your participation in the Course for the period of the dispute.
Cancellations and Deferrals
- Outstanding fees: If you do not settle your fees in accordance with the agreed payment terms, you will not receive your final result for your Course, and we will not issue any letters confirming attendance or completion of Course modules. You will not be issued with a certificate until all fees have been paid in full.
- Cancellation of registration: If a student wishes to cancel their registration, they must contact their Performance Coach to discuss their intention. The Performance Coach will consult with you to discuss the matter and to assist you in reaching an informed decision. Should a student decide to go ahead with the cancellation, they are required to complete and submit a cancellation of registration form, which will be provided to you on request to your Performance Coach.
- Course deferral: Students may request that their participation be deferred to the next scheduled presentation of their Course, subject to these Terms. The student must contact the Performance Coach to discuss their intention, who will consult with and assist them in reaching an informed decision. If you elect to proceed with the deferral, you will be required to complete and submit a deferral application form (which will be provided to you on request to your Performance Coach), and pay an administration fee equivalent to 25% of the full listed Course fee, as well as any increase in the Course fees from when you first registered for the Course.
- Important restrictions on deferrals:
- All applications for course deferral must be made before Module 3 is made available to students in the third week of the Course.
- Assignments that have been completed up until the date of the deferral will not be credited to you upon re-registration.
- We do not guarantee that future presentations will be held. If a student chooses to delay their participation in a Course, they do so at their own risk, and we will not refund any part of the Course fees should the future presentation not be held.
- Students may only defer from the current presentation to the next available presentation of the same Course. Students who fail to register for the following registration of the agreed upon Course will forfeit their option to defer and will not be entitled to a refund.
- For the above reasons, deferral is only recommended for students who genuinely encounter an unforeseen circumstance that forces them to defer taking the Course to a future date.
- Deferral to different Course: In exceptional circumstances only, students may be permitted by their Performance Coach to defer to a different Course, (in accordance with the procedure and subject to the terms of a normal deferral as set out above). In the event that this option is permitted by a Performance Coach due to exceptional circumstances being proven and accepted, the student will need to pay an administration fee equivalent to 25% of the full listed Course fee (from which you are deferring) and the difference in fees between the Course to which you are deferring and the one from which you have deferred. The full Course fee will be payable in advance prior to being granted the deferral, and you will not be refunded the difference if the cost of the Course to which you are deferring is lower than the cost of the Course for which you initially registered.
- Refunds for cancellation will be paid in the following circumstances:
- For all cancellations prior to Course start date:
- If you cancel within 14 days of registering and paying for the Course: You will receive a refund of any amounts paid by you in respect of that registration, in full, within 14 days after us receiving your request for cancellation.
- If you cancel more than 14 days after registering and paying for the Course: You will receive a full refund (to the extent that payment has been made), less 10% of the listed Course fee, as an administration fee for the cancellation.
- For all cancellations on or after the Course start date:
- If you cancel at any time before 50% of the Course is completed: You will receive a refund of amounts paid, less 50% of the listed Course fee, as a fee for accessing the Course material.
- If you cancel at any time after 50% of the Course is completed: You will not be entitled to a refund of any amounts paid, and will be liable for the full Course fee.
- For all cancellations prior to Course start date:
- Calculating time periods: For purposes of calculating the time periods stipulated above, the progress through the Course is measured as a number of weeks, or part thereof, as a percentage of the total weeks in the Course.
- Insufficient demand: We reserve the right to cancel a Course if there is insufficient demand, as determined by us in our sole and absolute discretion. In this case, you will receive a full refund, but no interest will accrue on any amounts refunded to you and any applicable bank charges will be offset against the refunded amount.
Classification of results and certification
- Classification of results for graded Courses: Graded Course results will be classified as Pass or Fail. The requirements for passing the Course are included in the assessment structure information within the Course.
- Classification of results for peer review Courses: Each peer review Course has a minimum number of assignments that students are required to submit in order to successfully complete the Course and meet the requirements for the award of a certificate. These requirements are outlined in the respective information pack and at the start of the Course.
Certification: Certificates of completion are issued in a student's legal name upon successfully completing the Course according to the stipulated requirements for award of a certificate. No certificate will be issued to a student who does not meet the stipulated requirements for the award of a certificate. The following points should be noted in relation to certificates:
- Before receiving the final result or completion status, students are granted the opportunity to confirm their address for certificate delivery. GetSmarter cannot be held liable should a student provide an incorrect address or no address.
- No graduation ceremonies are held to issue certificates. Certificates are couriered to students who provide a street address. All certificates sent to a postal address are sent by registered mail.
- GetSmarter cannot guarantee the delivery date and time of a certificate.
- Should a student choose to nominate a third party to receive or collect their certificate on their behalf, this will be done at their own risk, and GetSmarter won't be held liable for any loss or theft arising from this nomination.
- If a certificate is returned to the sender, the relevant student will be contacted and informed of the return. Certificates returned due to being unclaimed by the designated recipient will be re-sent by courier at a student's written request. Where a certificate is returned for a second time, the student will be liable for the cost of re-sending the certificate.
- One hard-copy certificate will be issued only for successful Course completion. Unless otherwise stipulated, we are not authorised to provide digital copies of certificates.
- A duplicate certificate will be issued at a fee, where satisfactory evidence of destruction or irretrievable loss of the original is submitted. An affidavit or sworn statement to the effect that irretrievable loss has occurred, signed and attested before a Commissioner of Oaths or Notary Public, must accompany the application. The original affidavit or sworn statement must be sent to us and a third party cannot swear to an oath on the student's behalf.
- No duplicate certificate will be issued if a student's original certificate is in storage.
- If a student receives their certificate with a printing error they are required to notify GetSmarter, and return the erroneous certificate to the sender before an amended version will be issued. GetSmarter cannot be held liable for printing errors resulting from incorrect personal student information provided to us.
- Withheld certificates: Where a qualifying student is eligible for the award of a certificate, and is under investigation for misconduct or such a matter has not been resolved, the award of a certificate may be suspended until the matter has been disposed of by GetSmarter. Where a student is found guilty of plagiarism (even for a first offence) where a satisfactory explanation is not given, a certificate will not be issued to them. If a qualifying student has outstanding fees owing to GetSmarter, their certificate will be withheld until such time as their fees have been settled in full. We will also not be able to issue a certificate should you fail to submit your identification and confirm your delivery address.
Limitation of liability and indemnity
- No liability for Course outcomes: We will not, under any circumstances, be liable for any costs, claims or damages that you may sustain or suffer as a result of registering for and/or participating in any Course or other service offered by us which is not relevant, suitable or does not meet yours and/or any relevant industry or commercial body's requirements. Under no circumstances do we guarantee your suitability for a particular Course based on the levels of difficulty. We cannot, under any circumstances, be held liable to you for any costs, claims or damages, if after the completion of a course you are not able to obtain employment or a promotion within your chosen field of study, or any other outcome you may believe completing a Course will assist you to attain.
- Limitation of liability: To the maximum extent permitted by law, you agree that we will not be liable for any cost, claims, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss (such as loss of profits, business, goodwill, revenue or anticipated savings) or other damages of any kind, penalties, actions, judgments, suits, expenses, disbursements, fines or other amounts that you or any third party might suffer that relates to or arises from these Terms, or termination of a Course for any reason, whether or not anyone anticipated or should have anticipated that damages would occur. In no event shall GetSmarter's aggregate liability to you for any and all claims exceed the total amount of fees received from you in the six months preceding any cause of action.
- Acknowledgment: You acknowledge and agree that the disclaimers and limitations of liability set forth in these Terms reflect a reasonable and fair allocation of risk between you and GetSmarter, and that these limitations are an essential basis to our ability to make services available to you on an economically feasible basis.
- Time constraint: You agree that, to the extent permissible by applicable law, any cause of action related to these Terms or GetSmarter's services or Courses must commence within 1 year after the cause of action comes into being. If not, such cause of action shall be permanently barred.
- Indemnity: Subject to any applicable laws, you agree to indemnify and hold us harmless in respect of any claim that a third party might bring against us that relates to or arises from these Terms. This indemnity includes claims arising from your use of the Online Campus in a way that does not comply with these Terms, or if we transfer your profile to another person, or if another person accesses your profile without your consent. This indemnity also includes all liability or loss that we might suffer as a result of a claim, including legal costs on the highest permissible scale and any additional legal and collection costs.
Interruption of GetSmarter Website or Online Campus
Interruption of service: You acknowledge and agree that from time to time, the GetSmarter Website and/or Online Campus may be inaccessible or inoperable, by reason of one or more of the following:
- Equipment malfunctions or faults.
- Periodic maintenance procedures, downtime, or repairs that we may undertake from time to time.
- Causes beyond our control, including, without limitation, interruption or failure of telecommunication or digital transmission links, attacks on the network and network congestion or other failures.
- No breach: Such interruption to the accessibility of the GetSmarter Website or Online Campus will not be deemed a breach of this Agreement under any circumstances whatsoever and we will not, under any circumstances, be liable to you for any costs, claims or damages that you may sustain or suffer as a result of any interruption, inoperability or inaccessibility of the GetSmarter Website and/or Online Campus.
- Security: We will use reasonable commercial measures to secure our system and your profile in the Online Campus, and related information, however, we cannot guarantee that unauthorised third parties will not be able to defeat our security measures. You undertake to notify us immediately of any compromise or unauthorised use of your account.
- Reservation of rights: Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source and/or object code and all other works (including trading marks and names) contained on this Website or the Online Campus or otherwise provided to students by GetSmarter, is owned by us or licensed to us, and we assert and reserve all of our rights in this regard. Access to or use of our services and Courses will not in any way result in an assignment or license of any intellectual property owned by us or any other party.
- Student content: The services and Courses may enable you to share your own content, including assignments, with GetSmarter, Head Tutors, Tutors, Performance Coaches, and fellow students. You retain all intellectual property rights in, and are responsible for, the content that you share, however you specifically agree and consent that we and our Collaborators shall be entitled to use (in our discretion) all content shared by you on our Online Campus for internal research and development, Course improvement and non-commercial purposes. In relation to specific Courses, a policy statement on intellectual property sharing may be included in the Online Campus for further guidance to students in the sharing of their ideas and assignments. Ultimately, it is your responsibility to ensure the proper protection of your student intellectual property – if your student intellectual property will be best protected by way of trade secret, or you have not filed for protection of your protectable intellectual property, then non-disclosure may be an essential protection. We cannot, and do not, guarantee that any intellectual property shared on the Online Campus or otherwise through the Website will not be used by other students.
Warranties and disclaimers
- Intellectual property rights warranty: We warrant that in providing you with Course content and Course materials on the terms set out in this Agreement, we are not intentionally infringing any third party’s intellectual property rights.
- Disclaimers: All services, Courses and their content are provided "as is” without representations or warranties of any kind, whether express or implied, in respect thereof, and in particular, we make no representations or warranties regarding the quality of the Course content or the fitness of the Course content for the purpose for which you acquired it.
- Student warranties: You warrant that all and any information that you provide to us, in accordance with this Agreement, in order to register for a Course or otherwise, is true and accurate.
Termination of participation in a Course
- Modifying and terminating services: We are constantly changing and improving our services and Courses. We may add or remove functions, features, or requirements, and we may suspend or stop our service altogether. You may also discontinue your use of our services and Courses at any time.
- Plagiarism: We reserve the right to terminate your participation in any Course in the event that you are found guilty of plagiarism in accordance with these Terms. Plagiarism is a breach of these Terms and no refund will be issued should your participation be terminated on this basis.
- Breach: If you commit any other material breach of these Terms and fail to remedy the breach within 5 days after receiving a written notice to do so, we may terminate your participation in the Course for which you are registered, and you will not be entitled to a refund of any portion of the Course fee.
Complaints and dispute resolution
- General complaints policy: Whether it is positive or negative, GetSmarter encourages feedback from students. Where this feedback is a complaint about our Course, product or service offering, or our conduct, we are committed to addressing the complaint in a timely and appropriate manner.
- Complaints procedure: The complaints procedure ensures that there are clear and accessible means of making complaints and having them addressed. All complaints are taken seriously, and every effort has been made to ensure that GetSmarter can cater for complaints received on all levels, regardless of severity. GetSmarter will seek to address a complaint in a mutually beneficial and satisfactory manner, whenever reasonably possibly. A complaint can include complaints about the Course structure and presentation, academic content, or the actions or lack of action by GetSmarter or its representatives.
- Lodging a complaint: Should you wish to lodge a complaint or bring a claim against GetSmarter, you are required to submit this through the "Speak Up" service on the contact page of our Website. We will strive to ensure that anyone giving feedback is treated with the utmost courtesy and respect, and in return, we expect that anyone giving feedback or making a complaint will do so in a fair and appropriate manner. Where we determine that a complaint is abusive, unreasonable, or a student is unreasonably pursuing a complaint that has previously been investigated, we reserve our rights in relation to our response, and in particular, may elect not to pursue the procedure set out below.
- Review and investigation: Once a complaint has been lodged, we will investigate and attempt to address the matter in question. At this stage, you may be required to provide supporting documentation or other evidence that may be relevant. We will endeavour to address complaints within 3 working days (although this may not always be possible). In all cases, we will maintain open channels of communication and provide feedback or updates on the progress of the investigation. If a complaint cannot be addressed at its first stage, either party may request that the matter be looked into further. All escalations of this nature are referred to our general purposes committee as well as the Course Instructor who will investigate the matter further, and recommend an outcome or course of action. Once the matter has been investigated, and due process followed, students will receive a written response informing them of the feedback, outcomes or suggested course of action related to the complaint.
- Feedback: Once a complaint has been fully investigated and due process followed, a course of action will be determined by GetSmarter. The result will either be that the complaint is upheld (in part or in full), and an appropriate form of action is taken, or, that no action is taken, in which case comprehensive feedback and reasons will be provided. This includes, but is not limited to, instances where students have not requested an outcome other than having a platform to voice their concerns.
Formal dispute resolution: If a mutually-satisfactory outcome, course of action, or conclusion cannot be reached following from the complaints procedure, or any other kind of dispute arises between GetSmarter and a student, then you agree that either party (acting independently of the other) must request formal dispute resolution by way of mediation. In all cases, a party seeking and initiating mediation will do so at their own cost. If the parties are unable to agree upon the appointment of a mediator:
- for all disputes arising from Courses presented in collaboration with a Collaborator based in the United Kingdom or the United States of America, they may approach the Civil and Commercial Mediation Panel (or its successor), or a similar body based in London, United Kingdom, to appoint a qualified solicitor to mediate the dispute; and
- for all disputes arising from Courses presented in collaboration with a Collaborator based in South Africa, they may approach the Arbitration Foundation of South Africa.
The decision of the mediator shall become final and binding within 14 days of delivery to the parties, unless one or both parties disputes the mediator's decision by written notice within that period. In the event of the mediation failing, either GetSmarter or a student may pursue resolution of the dispute through arbitration or in a court of law, with such arbitration or court proceeding to proceed in:
- London, the United Kingdom for all disputes arising from Courses presented in collaboration with a Collaborator based in the United Kingdom or the United States of America (students registering for such Courses consent to the exclusive jurisdiction of the courts of the United Kingdom for the resolution of any dispute arising from these Terms or delivery of this Course); or
- Cape Town, South Africa, for all disputes arising from Courses presented in collaboration with a Collaborator based in South Africa (students registering for such Courses consent to the exclusive jurisdiction of the courts of South Africa for the resolution of any dispute arising from these Terms or delivery of this Course).
All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless GetSmarter agrees otherwise, the arbitrator or court in a dispute may not consolidate more than one person's claims. You agree that, by registering for a Course and entering into these Terms, you waive the right to a trial by jury or to participate in a class action.
Nothing in this section will restrict our right to apply to a competent court for relief should our intellectual property rights be violated or threatened, or where otherwise appropriate to obtain urgent, injunctive or equitable relief.
- Confidentiality: We recognise the importance of protecting our students' information – as such, all complaints will be handled in a confidential manner. In cases where the internal sharing of information is necessary to resolving a complaint, reasonable steps will be taken to ensure a limitation on the number of people acquainted with the complaint. In order to fully address a complaint, it may, in some cases, be necessary to share information with the university collaborating on your Course.
- Recording of complaints: We will keep a record of all complaints and their outcomes. Complaints data is subject to periodic analysis, with the aim of continuously refining and improving our processes or product and service offering.
- GetSmarter's details: If you are registering for a Course presented in collaboration with a university or college based in the United States of America or the United Kingdom, then these Terms are a contract between you and GetSmarter Online Limited, a company registered in the United Kingdom with its address at 74 Rivington Street, London, United Kingdom, EC2A 3AY. If you are registering for a Course presented in collaboration with a university or college based in South Africa, then these Terms are a contract between you and Get Educated Proprietary Limited, a company registered in South Africa with its address at 2nd floor, Deneb House, Cnr/of Browning and 368 Main Road, Observatory, Cape Town, 7925, South Africa.
- Governing law: If you are registering for a Course presented in collaboration with a university or college based in the United States of America or the United Kingdom, you agree that the laws of the United Kingdom shall apply to these Terms, their interpretation and any matter or litigation relating to or arising from them. If you are registering for a Course presented in collaboration with a university or college based in South Africa, you agree that the laws of South Africa shall apply to these Terms, their interpretation and any matter or litigation relating to or arising from them.
- Entire agreement: These Terms, together with the Policies, shall constitute the entire agreement between you and GetSmarter concerning your registration for a Course.
- Revision of Terms: We reserve the right to revise these Terms (including Policies) at our sole discretion from time to time. These revisions will become effective immediately on being posted to the Website and Online Campus, however, for all material changes to the Terms, we will take reasonable steps to notify you of such changes.
- Conflict: If any aspect of these Terms conflicts with any information provided on our Website or in information packs or other Course materials, these Terms will ordinarily prevail unless expressly stated otherwise.
- Severability: In the event that any part of these Terms is found to be partially or fully unenforceable because it does not comply with any law, or for any other reason, this will not affect the application or enforceability of the remainder of these Terms.
- Assignment: These Terms, and any rights and licenses granted in terms of these Terms, may not be transferred or assigned by you, but may be assigned by GetSmarter without restriction.
- No indulgence/waiver: If GetSmarter chooses not to enforce any part of these Terms, this does not mean that it cannot do so at a later time. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other Term.
Date of last amendment: 8 November 2016