Welcome to RGU Professional.
These terms and conditions (the “Terms”) apply to our provision and your use of the information, services and materials (“Online Courses”) through this website (“Website”), whether you are visiting or browsing (a “Visitor“) or are registered as a learner with a Learner Account (a “Learner“).
Please read these Terms carefully. By using this Website you are agreeing to these Terms. If you do not agree to these Terms, you must stop using the Website and the Online Courses immediately.
1. About Us and this Website
1.1 In these Terms, “we” or “us” means The Robert Gordon University, a body corporate incorporated under The Robert Gordon University (Establishment) (Scotland) Order 2006, a Scottish Charity (Charity Number SC013781) and having its principal administrative office at Garthdee House, Garthdee Road, Aberdeen, AB10 7QB. The Robert Gordon University is registered for VAT under number GB 997 338 749.
1.2 In these Terms “you” or “your” means any person using this Website whether as a Learner or Visitor.
1.3 Any Visitor can view the unrestricted parts of the Website, but in order to participate fully in all activities on the Website and view the Online Courses, you must register for a personal account on the Website (a “Learner Account”) by providing a name, an email address and a password. Once you have a Learner Account any free Online Course can then be accessed. Online Courses which require payment must be paid for before the content for that particular Online Course can be accessed.
All Online Courses provided by us are Learner led unless otherwise specified. No academic support of any kind will be provided unless otherwise specified. Registering for a Learner Account does not register the Learner as a student of the Robert Gordon University and does not give the Learner any rights to use any of the facilities of the Robert Gordon University.
2. Using the Website (Visitor and Learner conduct)
2.1 By accessing this Website (by whatever means or device and whether as a Visitor or a Learner), you confirm that you have read, agree and are in compliance with these Terms and all applicable local, national and international laws, rules and regulations.
2.2 Your use of and access to this Website and the Online Courses is subject to the following conditions (“Acceptable Use Conditions”), and you agree that failure to comply with any one of the Acceptable Use Conditions will be a breach of these Terms by you:
(a) you agree to use the Website and access the Online Courses only for lawful purposes and in no way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(b) you agree not to use the Website or access the Online Courses for the purpose of harming or attempting to harm others in any way;
(c) you agree not to distribute all or any part of the Website or Online Courses in any medium without our prior written consent, unless such distribution is otherwise permitted by these Terms;
(d) you agree not to alter or modify any part of the Website or any of the Online Courses;
(e) you agree not to access the Website or Online Courses through any technology other than the software provided by us or enabled via API’s or other generally available third party web browsers such as Chrome, FireFox, Safari or Internet Explorer;
(f) you agree not to (and not to attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or features that (i) prevent or restrict use or copying of content or (ii) enforce limitations on us, the use of the Website or access to the Online Courses;
(g) you agree not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
(h) you agree not to use or access the Website or Online Courses or any part of them for any commercial uses or for the benefit of any third party, including but not limited to:
(h-i) the sale of access to the Online Courses or any associated content;
(h-ii) the solicitation of business in the course of trade or in connection with a commercial enterprise; and
(h-iii) the solicitation of, for commercial purposes, any Visitors or Learners of the Website with respect to their content
(i) you agree to use the Website and access the Online Courses in a way which does not infringe the rights of anyone else or restrict or prevent anyone else’s use and enjoyment of the Website or the Online Courses;
(j) you agree not to ask for, collect or harvest any personal data of any Visitor or Learner of the Website or Online Courses;
(k) you agree not to post, upload, email or otherwise transmit to or otherwise cause us to email, transmit or otherwise distribute chain letters, surveys or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether for commercial or non-commercial purposes;
(l) you will not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on the Website (including without limitation the Online Courses) for any purpose other than as permitted by these Terms without our prior written consent;
(m) you agree not to use the Website or the Online Courses in any manner intended to damage, disable, overburden or impair any server or the network(s) connected to any server, or disobey any requirements, procedures, policies or regulations of any servers or networks connected to the Website;
(n) you agree not to use any high volume, automated, or electronic means to access the Website or the Online Courses (including without limitation robots, spiders or scripts);
(o) you agree not to frame the Website or the Online Courses, place pop-up windows over its pages, or otherwise affect the display of its pages;
(p) you agree not to access or attempt to access any other Visitor or Learner’s account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present;
(q) you agree not to force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Website; and
(r) you agree not to send, knowingly receive, submit, download, use or re-use any material which does not comply with these Terms.
2.3 We grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases.
2.4 You acknowledge and agree that the form and nature of the Website and Online Courses which we provide may change from time to time without prior notice to you.
2.5 Whilst we do all we can to ensure that the Online Courses are of a very high standard, you understand and acknowledge that, in using the Website and Online Courses, you may be exposed to content that is factually inaccurate, offensive if taken out of context, or otherwise objectionable to you. We are not responsible (legally or otherwise) for any claims you may have against us in relation to this type of content.
2.6 You acknowledge and agree that we may stop (permanently or temporarily) providing the Website, Online Courses (or any part of the Online Courses) to you or to Learners generally for whatever reason, at our sole discretion, without prior notice to you.
2.7 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including, but not limited to, any loss or damage which we or any third party may suffer) of any such breach.
3. Use of Learner Accounts
3.1 In setting up your Learner Account, you may be prompted or required to enter personal information, including but not limited to your full name, home address, email address, password, payment details and location.
3.2 You undertake to us that all information provided by you in relation to your Learner Account is and will continue to be accurate, current and complete at all times and that you will maintain and update your information to keep it accurate, current and complete.
3.3 You acknowledge that if any information provided by you in relation to your Learner Account is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your access to and use of the Website and your enrolment in the Online Courses.
3.4 You agree that you will never divulge or share access to, or your access information for, your Learner Account with any third party for any reason.
3.5 Your Learner Account will remain active for at least 3 years from the date of your last access to the Learner Account, unless it has been otherwise previously terminated in accordance with these Terms. Should you pay for or commence any Online Courses but not complete them then a reminder email will periodically be sent to your registered email address. If your Learner Account has not been accessed for at least 3 years then your account will be deleted. Whilst your Learner Account is active you can continue to access all Online Courses which you have paid for, including those already completed.
4. Learner Conduct
4.1 By registering for a Learner Account, you agree (in addition to your conduct obligations at clause 2 above) that you:
(a) are, and will continue to be, registered for the Website only once and will not set up multiple Learner accounts;
(b) will not let anyone else use your Learner Account;
(c) will not cheat on any test relating to the Online Courses, nor share solutions to tests; and
4.2 If we reasonably suspect any behaviour under 4.1(a), (b) or (c) above, we may prohibit your access to your Learner Account.
5. Licence to use
5.1 Subject to your compliance with these Terms, we grant you a fully revocable, worldwide, non-exclusive, non-transferable, non sub-licensable limited right and licence:
(a) to access, internally use and display the Website and Online Courses as an individual only at your location solely as necessary to browse the Website and/or participate in the Online Courses as permitted by these Terms; and
(b) to download permitted content from the Online Courses so that you may exercise the rights granted to you by these Terms.
5.2 You must abide by all copyright notices or restrictions contained on the Website or the Online Courses. You may not delete any attributions, legal or proprietary notices on the Website or the Online Courses.
6. Use of your data and content for research
6.1 We may carry out studies of Learner activities and content for academic research, to understand the Learner experience, and to improve our courses.
6.2 All research studies by us are subject to a code of research ethics. This includes a commitment to maintaining all data that can identify Learners in secure locations and only to conduct research on anonymised data. We will never sell data that identifies individual Learners to any third party.
6.3 You consent that we may conduct research studies that include anonymised data of your interactions with the Website, including Learner Content.
7. Copyright Policy
7.1 It is our policy that any content included on the Website or within the Online Courses that infringes, or is likely to infringe, the intellectual property rights of any third party will be removed from the Website as soon as possible after we are made aware of such infringement or potential infringement.
7.2 If you are the owner of intellectual property rights, or are authorised to act on behalf of an owner, or authorised to act under any exclusive right, you should report any alleged infringements of your intellectual property rights taking place on or through the Website by emailing a Copyright Infringement Notice to email@example.com , containing at a minimum the details outlined in section 7.4 below.
7.3 We will take whatever action, in our sole discretion, we deem appropriate, including the removal of the challenged content.
7.4 When you notify us in accordance with paragraph 7.2, your written Copyright Infringement Notice must contain the following:
(a) a statement telling us you believe that you have found content on the Website which you believe infringes your intellectual property rights;
(b) which country your intellectual property rights apply to;
(c) the title of the content concerned and the full URL for access to that content;
(d) a statement explaining how the content infringes your intellectual property rights;
(e) your mailing address, telephone number and email address so that we can contact you;
(f) a statement that the information contained in the notice is accurate and that you are the owner of the intellectual property rights or have an exclusive right in law to bring infringement proceedings in respect of its use; and
(g) your signature (an electronic signature is sufficient).
8. Linking to Other Sites
8.1 The Website may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale.
8.2 We do not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that:
(a) we have no responsibility for the accuracy or availability of information provided by Linked Sites; and
(b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising or other materials presented on such Linked Sites.
8.3 We may remove any links to Linked Sites from the Website at any time for any reason.
8.4 We will not be liable for any transactions conducted by you with third parties through any Linked Site or for any liability arising from any representations or information provided on such Linked Sites.
8.5 We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership between us and the operator of such Linked Site.
9. Intellectual Property Rights
9.1 We are the owner or the licensee of all necessary intellectual property rights in all aspects of the Website and Online Courses including but not limited to the technology, source code, all content, software, scripts, images, graphics and audio (the “Online Courses IPR”). The Online Courses IPR is protected to the fullest extent possible by copyright laws. All such rights are reserved. You agree that the Online Courses IPR remains the property of us or the licensor, as applicable, and that all updates and modifications to the Online Courses IPR will vest in us or the licensor, as applicable. You also agree that you have no rights in or to the Online Courses IPR other than the right to use it in accordance with the terms of the licence in paragraph 5 above.
10. Your Liability to Us
10.1 You indemnify and keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly) from:
(a) your access to or use of the Website or Online Courses;
(b) your breach of any of these Terms; and
(c) any negligent act or omission, deliberate default or breach of statutory duty on your part.
10.2 This clause 11 survives the expiry of these Terms.
11. Our Liability to you
11.1 Nothing in these Terms affects any statutory rights that you are entitled to as a consumer.
11.2 The Website and the Online Courses are provided to you “as is” and we make no warranty or representation to you with respect to them.
11.3 We exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. We accept no liability for any special, indirect, incidental, consequential or economic loss, or any other losses, howsoever caused arising out of or in connection with these Terms. This includes (without limitation): any loss of profit (directly or indirectly); any loss of goodwill; any loss of opportunity; and any loss of data suffered by you.
11.4 We provide the Online Courses on the Website in good faith but give no warranty or representation that the Online Courses are accurate, complete or up-to-date or that they will meet your requirements, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of Online Courses on the Website and your use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we accept no liability for them. We do not warrant that defects in the Website or Online Courses will be corrected.
11.5 Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be timely, secure, uninterrupted or error-free and disclaim all liability in that respect to the greatest extent permitted by law.
11.6 We accept no responsibility for any loss or damage incurred by you as a result of:
(a) any changes which we may make to the Website or Online Courses, or for any temporary interruptions in the provision of the Website or Online Courses;
(b) the deletion of, corruption of, or failure to store, any Online Courses and other communications data maintained or transmitted by or through your use of the Website;
(c) your failure to provide us with accurate account information; and
(d) your failure to keep your account details secure and confidential.
11.7 We reserve the right to suspend your use of the Website and/or access to the Online Courses at any time for operational, regulatory, legal or other reasons.
11.8 We may terminate your Learner Account or access/use of the Website with immediate effect:
(a) if we reasonably believe you or any Learner you are connected with are in breach of any of these Terms;
(b) in order to prevent any fraudulent, unlawful or abusive activity; or
(c) if it is necessary to prevent or stop any harm or damage to us, other Learners using the Website or the general public.
12. Your Right to Cancel
12.1 Where you have paid for access to any Online Courses, you have the right to cancel your order and to receive a full refund at any time within 14 days of your payment, provided that you have not yet downloaded or accessed the Online Course. You can cancel your order by contacting firstname.lastname@example.org. You will lose your right to cancel your order as soon as you have accessed or downloaded the Online Course.
13. Governing Law
13.1 These Terms, your use and access to the Website, and all other policies issued by us whether referred to by us herein or not, and the relationship between you and us is governed by the laws of Scotland.
13.2 Any or all disputes arising between you and us (whether contractual or non-contractual) in connection with your access and use of the Website, including as to the validity of these Terms or policy issued by us, will be subject to the exclusive jurisdiction of the courts of Scotland. For any dispute between you and us, you agree that you will first attempt to resolve it with us informally. In the unlikely event that we are unable to resolve the dispute in this manner within 28 days of the dispute being notified in writing we both agree to submit to the exclusive jurisdiction of the courts of Scotland to resolve any such dispute.
13.3 Notwithstanding paragraph 13.2, you agree that we are permitted to apply for an interdict (or any other types of interim relief) in any jurisdiction at any time.
14. Changes to the Website and these Terms
14.1 We may update or amend these Terms (as well as any other policies or guidance we issue) from time to time to comply with law or to meet our changing business requirements, without notice to you. Any updates or amendments will be posted on the Website. In addition, we reserve the right to modify, suspend or discontinue all of the Online Courses with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension or termination. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.
15. Other Important Terms
15.1 If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these Terms remain in full force and effect.
15.2 We may freely transfer or assign any part of our rights or delegate our obligations under these Terms. You are not entitled to transfer or assign, by operation of law or otherwise, any part of your rights or delegate your obligations under these Terms without our prior written consent.