Our Agreement with You
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/program/programme, 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/program or use our services.
Welcome to GetSmarter!
This Agreement ("Terms") sets out the terms and conditions that govern your use of GetSmarter's products and services (such as website services and course content), as well as your registration for any short course or other program ("Course") offered by GetSmarter (as owned and operated by 2U, Inc.). These Terms can also be seen as your comprehensive Student Handbook, information source and rulebook. We hope that you find this information helpful.
- Each of our Courses is delivered in collaboration with a specific University, and some wording and phrases used in Course delivery may differ depending on each University's rules and standards for online short courses. Accordingly, the following words and phrases may be used interchangeably in these Terms, as well as in the Online Campuses through which Courses are delivered:
- "course" and "program/programme";
- "participant", "student" and "learner";
- "course material", "course content" and "program material"; and
- "Tutor" and "Learning Facilitator"
- "Honor Code" and "Code of Conduct".
- Although all these Terms are important, please pay particular attention to any terms that are emphasised in "bold" text.
- If your participation in a Course is being paid for by a third party (such as your employer), then you will be bound by all provisions in these Terms (including payment provisions), however we may enter into a separate agreement with your employer to govern payment for the Course on your behalf, as well as to govern the receipt of certain information in relation to your completion of the Course.
- Tax rebates and employer compensation: Please note that the Courses offered by GetSmarter in collaboration with top-tier Universities are non-credit bearing. Furthermore, the administration of these courses is handled by GetSmarter which may not be an "educational institution" for tax purposes in your jurisdiction. If your employer offers compensation for educational courses, it is your responsibility to check with them if this course meets their requirements for compensation. Similarly, it is your responsibility to establish if these courses will qualify for a tax rebate. GetSmarter will not issue or complete any tax forms.
- 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.
- Suitability of Course: Before registering for any Course, you are responsible for satisfying 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 required minimum payment for the Course (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, or until the Course commencement date.
- 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, and this registration would need to be separately managed through our Registrar office by arrangement to ensure compliance with all applicable legal requirements.
- Accessibility statement: GetSmarter is committed to providing an Online Campus that is accessible to the widest possible audience. 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 timely 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 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, while ensuring that the overall student experience is not unduly compromised.
- 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 Student Success Team or email email@example.com or firstname.lastname@example.org. 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 website.
Basic requirements: In order to complete a Course, you will need a current email account and access to a computer and the internet. You 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, you 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 you use Google Chrome as your 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, you may be required to verify your identity with an official identity document, 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 (US and UK only), state or province ID card, or birth certificate. GetSmarter may make use of a third-party identity verification service. Non-submission of valid identification in accordance with standard verification processes may result in your certificate being withheld upon completing a Course successfully. If you undergo a name change during the presentation of a Course, you will be required to communicate this to your Success Manager, who will advise you on the process to be followed. The name provided by you in the document that you have submitted will be the one that appears on any certificate that may be issued to you on successful completion of a Course.
- Disclaimer: You are obliged to source and obtain access to the necessary software and resources required for Course completion at your 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 expressly 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 you through the Online Campus or by email to your chosen email address.
- University Records: The University collaborating on your Course shall have discretion to request that we 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.
- Relationship with University Partner: All courses are designed and developed in collaboration with the relevant University Partner. Faculty from the relevant university may appear in the course videos. However, the delivery of the course is administered by GetSmarter. This includes all members of the Student Success Team, including the Head Tutor / Head Learning Facilitator, Tutors, Markers, the Success Manager, and the Global Success Team.
- 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. Access to a Course presentation and Online Campus may be limited to 30 days from the closure date.
- Permitted use: Only students who are registered for a Course may participate in that Course. You may not divulge your username or password to any other person, may not permit any other person to participate in the Course on your 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 regain access to your profile.
- Prohibited use: You are prohibited from doing the following:
- 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.
- Sublicensing, reselling, renting, lending, assigning, ceding, donating or otherwise transferring or distributing the Course content or the rights granted under these Terms.
- 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).
- Your responsibility: You agree that you will contact us immediately if you experience any unauthorised use of your profile details. You accept that you are responsible for the consequences of your use of your profile in the Online Campus, and for maintaining it and all information on it. We do take security seriously, but as the user, you accept all risks of any unauthorised access that could occur regarding your information.
- Access disputes: If there is a dispute as to who has the right to operate a profile in the Online Campus, we may deny access to the profile pending the outcome of the dispute to our satisfaction, and/or transfer the profile to the party claiming a right to it if we are satisfied that the profile was registered on behalf of that party.
- Platform capability: The Online Campus may not be fully compatible with mobile devices, including smartphones and tablets. In order to access and participate effectively in the Online Campus, you may require access to a desktop computer or a laptop computer. You will be required to meet the cost of internet access yourself and of any upgrades required to your computer or mobile device.
- External websites: GetSmarter is not responsible for technical support for any external websites. Courses that require you to use external websites do so to achieve the best learning outcomes. If you have any queries relating to external websites, you are required to contact the support services of the relevant websites directly (although you may request assistance from your Student Success Team through the Online Campus). GetSmarter will not be liable for any costs, claims or damages that you may suffer as a result of your use of, or failure to access, any external website.
- Videos: Videos are provided in the majority of Course modules. These videos act as tutorials and lectures for the topics covered in the specific modules and are compulsory unless otherwise stipulated. You will need Adobe Flash Player installed to view the video lectures available in each module. If you are using a slower internet connection, then attempting to view these videos may be difficult.
- Student Success Team: Your primary contacts during a Course presentation will be your GetSmarter Student Success Team:
- You will be allocated a dedicated Success Manager during the Course who will ensure that you have access to Course materials, and are supported and well informed about Course happenings. Your Success Manager will be available during University hours by telephone, email and the discussion forum in the Online Campus.
- Global Success Managers are made available to you to handle any administrative or technical-related queries that you may experience on a Course presentation. These Global Success Managers are there to offer general support not related to your specific Course, and will be available 24/7 by telephone and email.
- Head Tutor and Tutors / Head Learning Facilitator and Learning Facilitators: The Head Tutor and Tutors provide guidance on Course content and academic-related queries. Interaction with the Head Tutor and Tutors is performed only on the discussion forum in the Online Campus. Head Tutors and Tutors will not be available for queries by telephone or email, and will respond to queries on the discussion forum on such days of the week and during such times as stipulated on the Online Campus.
- Universities: Each of our Courses is approved by, and provided in collaboration with, a reputable university or college ("Universities"). However, unless otherwise stipulated, these Courses are not accredited by that institution. University credits are therefore not awarded upon successful completion of short Courses by specific universities. Nothing in these Terms establishes more than a very limited relationship between you and any educational institution with which we collaborate, or entitles you to use the resources of that educational institution beyond participation in the Course, unless expressly stated otherwise in relation to a particular Course.
- General: All courses are based on continuous 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. Your assignments will be assessed 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.
- 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 dedicated Success Manager. You will usually be given a full week (including the weekend) to complete and submit assignments. If you are not able to meet an assignment deadline, you are required to request an extension in line with the process outlined in the paragraph below.
- Late submission of assignments: If you wish to apply for an assignment extension you will be required to make this request through the Online Campus. The number of extension requests during the Course is limited to 1 extension per submission, and may not be applied to more than 50% of the total number of graded assessments for the Course. Requests will be automatically granted under the following conditions:
- The duration of extension requested is no longer than 48 hours;
- You have not requested an extension for the same assessment already; and
- You are under the extension limit.
- Holidays and work trips: Allowances for late submission of assignments may not be made if you are away on holiday or on a work trip. The Course dates are clearly provided in the information pack or documentation that is available to you before a Course commences, and it is your responsibility to ensure that you 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 you 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 your mark. The cost of an assignment re-mark is available on request. A re-mark must be requested in writing to your Success Manager, 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. 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. If you are dissatisfied with your academic standing (final result for the Course) you are within your rights to submit an appeal within 7 working days after the final results have been made available by contacting your Success Manager, who will explain the appeals process to you.
All requests that don't meet these conditions will be decided at the discretion of the Student Success Team.
- General rules: All students are required to adhere to an Honour Code which must be accepted in the Orientation Module for each course. A breach of the Honour Code will constitute a breach of this Agreement.
- Handbooks: Handbooks, rules and other materials may be made available through the Online Campus, speaking to matters such as academic integrity and conduct, and you will be obliged to abide by the terms of such additional materials.
- Plagiarism: Plagiarism can be defined as the intentional or unintentional use of another's work without providing reasonable and appropriate credit to the author or source of the work. GetSmarter provides support and information in the Online Campus on how to avoid plagiarism and guidelines on adherence to academic conduct, however, you must take responsibility for your own academic work.
- Consequences of Plagiarism: Plagiarism in assignment submissions is treated extremely seriously. If you are found guilty of plagiarism you may receive zero for the relevant assignment submission, and as a result may not have a certificate issued to you.
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.
- 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 and other Taxes: Any VAT or other applicable taxes payable in addition to the Course fees will be identified in your invoice or information pack and such amounts are your sole responsibility unless the contrary is stated.
- 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-transferable 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 our sole discretion. If you are suspended from participation, you will not be permitted to access the Online Campus until such time as the outstanding payment has been made by you, and you will be given a period of time within which to rectify non-payment. If you fail to make payment within the given additional period of time, then we will be entitled to cancel your registration and remove you from the course and you will not be entitled to any refund. Under no circumstances will students be permitted to continue with a Course following the release of final marks in respect of that Course.
- 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 you wish to cancel your Course registration, you will need to contact your Success Manager to discuss your intention. Your Success Manager will consult with you to discuss the matter and to assist you in reaching an informed decision. Should you decide to go ahead with the cancellation, you will be required to complete and submit a cancellation of registration form, which will be provided to you by your Success Manager.
- Course deferral: If you wish to defer your Course to the next scheduled presentation of that Course, you will need to contact your Success Manager to discuss this intention. Your Success Manager will consult with you to discuss the matter and to assist you in reaching an informed decision. If you decide to go ahead with the deferral, you will be required to complete and submit a deferral application form (which will be provided to you by your Success Manager), and pay a deferral 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:
- Deferral of Course registration will only be processed once (no repeat deferrals can be permitted).
- All applications for course deferral must be made before Module 3 is made available 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 you choose to delay your participation in a Course, you do so at your own risk, and we will not refund the deferral fee should the future presentation not be held.
- You may only defer from the current presentation to the next available presentation of the same Course. If you fail to complete your registration for the following presentation of the Course you will forfeit your option to defer and your participation in the Course will be cancelled, in which event you will be entitled to a refund in terms of 62 below, minus the deferral fee.
- For the above reasons, deferral is only recommended if you genuinely encounter an unforeseen circumstance that forces you to defer taking the Course to a future date.
- Deferral to different Course: In exceptional circumstances only, you may be permitted by your Success Manager 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 Success Manager due to exceptional circumstances being proven and accepted, you will need to pay a deferral fee equivalent to 25% of the full listed Course fee from which you are deferring ("deferral fee") and the difference in fees between the Course to which you are deferring to and the one from which you have deferred, which fees are payable prior to the deferral being processed. You will 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 minus the deferral fee.
- 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 5% of the listed Course fee, payable as a cancellation fee.
- For all cancellations on or after the Course start date:
- 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.
- If you cancel at any time before Module 3 has been made available: You will receive a refund of amounts paid, less 25% of the listed Course fee.
- If you cancel after Module 3 has been released, but before 50% of the course is completed: You will receive a refund of amounts paid, less 50% of the listed 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.
Certification: Certificates of completion or attendance (as described in Course information packs) will be issued in your legal name upon successfully completing a Course according to the stipulated requirements for award of a certificate. No certificate will be issued to you if you do 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, you will be granted the opportunity to confirm your address for certificate delivery. GetSmarter cannot be held liable should you provide an incorrect address or no address.
- No graduation ceremonies are held to issue certificates. Certificates are couriered to you at your given street address or sent by registered mail to your given postal address.
- GetSmarter cannot guarantee the delivery date and time of a certificate.
- Should you choose to nominate a third party to receive or collect your certificate on your behalf, this will be done at your 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, you 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 your written request. Where a certificate is returned for a second time, you will be liable for the cost of re-sending the certificate.
- One hard-copy certificate will be issued only for successful Course completion. Digital copies of certificates may be issued by some Universities (although this is not guaranteed).
- 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 your behalf.
- No duplicate certificate will be issued if your original certificate is in storage.
- If you receive your certificate with a printing error you are required to notify us, and return the erroneous certificate to the sender before an amended version will be issued. We cannot be held liable for printing errors resulting from incorrect personal student information provided to us.
- No changes can be made to the standard form or wording of a certificate for any reason.
- Withheld certificates: If you are eligible for the award of a certificate, and are 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 you are found guilty of plagiarism (even for a first offence) where a satisfactory explanation is not given, a certificate will not be issued to you. If you have outstanding fees owing to GetSmarter, your certificate will be withheld until such time as your fees have been settled in full. We may 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, your participation in a Course, 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 arising from your registration for a Course. 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 the Website or 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, the Student Success Team, 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 the University collaborating on your Course 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 you in the sharing of your 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
- Disclaimers: To the extent permissible under applicable laws, 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, giving enrolled students reasonable prior notice of any material changes. You may also discontinue your use of our services and Courses at any time.
- Breach: If you commit any other breach of these Terms (including but not limited to the "General Rules" in section F) 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. We shall furthermore be entitled to immediately suspend your access to the Online Campus in the event of a material breach of these Terms, as determined in our sole discretion, pending an investigation into the relevant conduct.
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. 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 possible.
- Speak up: Should you wish to lodge a complaint, 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. Escalations of this nature may be referred to the University collaborating on your Course who may investigate the matter further, and may recommend an outcome or course of action.
- 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 you have not requested an outcome other than having a platform to voice your concerns.
- Disputes: 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 you, then you agree that it will be resolved individually, without resort to any form of class action, and, to the extent compliant with applicable law, exclusively by a court of competent jurisdiction located in Prince George's County, Maryland. As a consumer you may benefit from the right to bring an action in the courts of the country in which you are resident. Nothing in these terms and conditions affects your rights to bring a claim in the courts of the country in which you are resident. To the extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, your rights and obligations, or the rights and obligations of GetSmarter, shall be governed by, and construed in accordance with, the laws of Maryland. As a consumer, you may benefit from certain mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including this 'Disputes' clause, affects your rights as a consumer to rely on such mandatory provisions of local law.
- 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.
- GetSmarter's details: For students taking courses presented in collaboration with colleges or universities located 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 Hourse, Cnr/of Browning and 368 Main Road, Observatory, Cape Town, 7925, South Africa. For all other students: (i) if you reside in the United Kingdom or the European Union, then these Terms are a contract between you and 2U GetSmarter (UK) Ltd, a company registered in the United Kingdom with its address at 74 Rivington Street, London, EC2A 3AY, United Kingdom; and (ii) if you reside in the United States of America or otherwise reside outside of the European Union or United Kingdom, then these terms are a contract between you and 2U GetSmarter (US), LLC, a Delaware corporation with its address at 7900 Harkins Road, Lanham, Maryland 20706.
- Entire agreement: These Terms, together with the Honor Code and 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 if you are registered for a Course at the time when such changes come into effect.
- 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 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: 22 February 2019