St Andrews online courses terms and conditions

From 2023-09-15

About our terms

These terms and conditions apply to all University of St Andrews online short-courses delivered through Eduframe and Canvas. When you submit your Application Form you are making an offer to enter into a binding Agreement with us to purchase a place on the Course. We may accept or decline your offer. Your offer is accepted when we confirm in writing to you that we have received your payment. When you receive this confirmation, an Agreement will come into existence between you and us. This Agreement is referred to in these terms as the Agreement.

In these terms

• “Course” means an online course which we are providing through Eduframe and Canvas.
• “Fees” means the fees payable in respect of the Course.
• “Session” means a session, class or lesson forming part of the Course.
• “Sign-up Form” is our online standard form for applying for a Course.
• “We”, “us” and “our” means The University Court of the University of St Andrews having its head office at College Gate North Street, St Andrews, Fife KY16 9AJ.
• “Written” includes emails.

1.    Our agreement with you

1.1    The Agreement will continue until you complete the Course or your access to the Virtual Learning Environment (VLE) expires, or the Agreement is cancelled in accordance with these terms. 
1.2    You must check the details in these terms, the specification for the Course and the Sign-up Form to ensure they are comprehensive and accurate. If there is a mistake or missing information in the terms or the Application Form, you must notify us and ask us to confirm any necessary changes.
1.3    You must be over 18 years old to apply for Courses. We cannot accept applications from those aged under 18. 
1.4    You will not be classed as a matriculated student of the University of St Andrews by attending and completing a Course. 
1.5    We do not sell courses for purchase to certain countries. We do not represent that content available on or through our site is appropriate for use or available in all locations. Access to our websites is permitted on a temporary and as is basis.

2.    Limits on participation and late applications

2.1    We may limit the numbers of participants that can enrol on a Course.
2.2    If you submit your Application Form within fourteen (14) working days of the Course commencing, we may not be able to accept your application.

3.    Your obligations

3.1    You agree to:

3.1.1    comply with the specific requirements (if any) for the Course as listed in the Course specification;
3.1.2    attend classes for the Course and access the VLE;
3.1.3    ensure that the Course specification meets your requirements and abilities;
3.1.4    ensure that your level of spoken and written English is adequate to allow you to partake and succeed in the Course, an English Language level equivalent to an IELTS score of 7 is recommended, unless otherwise detailed in the Course specification;
3.1.5    behave in a courteous, respectful and professional manner and refrain from causing offence or nuisance to us, our staff or other students;
3.1.6    provide the equipment and materials that we advise you to use in the Course specification; and
3.1.7    not provide access to, or share login details or content of the Courses with a third party;
3.1.8    keep up to date with your personal details and notify us promptly if any of your personal details change; 
3.1.9    comply with this Condition 3 even if you did not pay for the Course yourself.

4.    The Course

4.1    We will use our reasonable endeavours to ensure that the Course is as described in the Course specification as at the date you submitted your Application Form in all material respects, including the starting date.
4.2    If we have to postpone a Session or the Course, we will notify you as soon as possible and provide you with a new date for the delivery of the Session or Course.
4.3    If we have to cancel the Course, we will refund the cost of the Course, on a pro-rata basis.
4.4    If a live Session is postponed for reasons for which we are responsible, including staff illness, we will endeavour to reschedule the live Session or to add the missed hours on to the remaining Course Sessions.
4.5    You are not entitled to a refund of the cost of the Course, or to extra tuition if you do not attend classes due to reasons other than our default. We will use reasonable efforts to provide you with access to an archived recording of the class.

5.    Cancellation of Course 

5.1    If you decide you no longer wish to participate in a Course, you must notify us as soon as possible. 
5.2    You will be liable to pay us the Fees or a percentage of the Fees if you cancel your participation in the Course. The percentage varies depending on the notice period you provide to us of your cancellation:

• If the notice period is less than 14 days prior to commencement of Course the percentage of Fees payable is 100%.
• If the notice period is between 15 and 21 days prior to commencement of Course the percentage of Fees payable is 50%.
• If the notice period is between 22 and 28 days prior to commencement of Course the percentage of Fees payable is 25%.
• If the notice period is more than 28 days prior to commencement of Course the percentage of Fees payable is 0%.

6.    Payment and refunds

6.1    All payments should be paid in pounds sterling (£), unless otherwise detailed in the Course specification. 
6.2    You will still be liable to pay us the Fees if your credit/debit card supplier declines to make payment for any reason. 
6.3    If your card supplier declines payment, we are not obliged to bring this fact to your attention. You should check with your bank/credit/debit card supplier that payment has been deducted from your account.
6.4    Where Condition 5 applies and you are entitled to a refund of Fees, we will authorise any refunds within thirty (30) days of the date of cancellation. Any refund will be made to the debit/credit card used to make payment.

7.    Certificates

7.1    A certificate of achievement, or other award as detailed in the Course specification, will be issued to you via email in the name specified in your Application Form, provided you have:

7.1.1    completed all Course assignments within the dates specified in the Course;
7.1.2    achieved the necessary passing grade; 
7.1.3    met any other criteria specified in the Course specification; and 
7.1.4    paid all fees for the Course.

7.2    We will only issue certificates of achievement. We will not issue certificates of attainment of a particular grade, qualification or standard. Certificates of achievement do not constitute a degree or other qualification from the University of St Andrews.

8.    End user licence agreement – delivery

8.1    The Course will be delivered using online resources. We will provide you with details as to how to access the Course and the VLE before you start the Course. You may only use the VLE for your own personal participation in the Course. You may not use or adapt the resources for any other purpose.
8.2    Unless otherwise stated, access to a Course will remain in place for a maximum of four (4) weeks after the Course comes to an end at which point you will no longer have access to it or the VLE.
8.3    You are responsible for obtaining or securing access to the appropriate equipment and materials as prescribed in the Course specification.
8.4    The Fees do not cover the cost of any equipment and internet access.
8.5    You must complete any assignments and achieve the necessary grades to ensure progression and successful completion of the Course. If you fail to complete assignments on time without good reason, or without our permission, we may consider that you have deemed to have withdrawn from or be required to leave the Course.

9.    Content, access, sharing and reproduction of Course content

9.1    You may download Course materials for your own personal, non-commercial use only. 
9.2    Subject to Conditions 9.1 and 9.3, you may not record, reproduce, download, modify, re-publish, sub-licence, sell, share, broadcast, transmit, make available, disseminate or distribute in any way any of the content or resources provided to you as part of the Course, or disseminate or distribute in any way any content created or uploaded by other students as available on the online platforms.
9.3    If, due to the nature of the Course it is appropriate for you and other students to reproduce, download, modify, adapt and/or re-publish other students' material in relation to the Course you agree that other students may do this in relation to content that you upload.
9.4    If you upload material as part of the Course, you confirm that you are entitled to upload this material for this purpose and that in doing so you are not infringing any other person's rights.
9.5    You will not upload or share with other students or tutors any material which is unlawful or unsuitable according to societal norms in the United Kingdom or our policies. This includes uploading of material that in our sole opinion is false, obscene, sexist, racist, homophobic, defamatory, illegal, abusive, threatening, extremist, destructive (like malware, viruses, bugs, etc.) or otherwise discriminatory, offensive, disruptive or objectionable to others.
9.6    We are not obliged to monitor, screen or censor any of the content that you or any third-party uploads to the online platform. To the fullest extent permitted by law, we accept no responsibility for any such content.
9.7    We reserve the right to suspend access to the online platform or remove any material you upload or share with other students or tutors in breach of this Agreement.
9.8    Course materials may contain links or embedded links to third party content and websites. These links are provided for your reference only and we do not endorse the content. We have no control over such content and cannot accept any liability for such content. Accessing such content will be subject to third party terms of use and privacy policies.
9.9    Courses may make use of third-party service providers like Google, Facebook, Twitter, You Tube, Vimeo etc. which may be blocked in some countries. It is your responsibility to ensure you are able to access the content of Course including content on third party service providers. If you require further advice as to service providers used on any Course, please contact us.
9.10    We are not responsible for the location, hardware and infrastructure you choose to access the Course. 

10.    Your rights to deferment 

10.1    After purchasing the Course, you may contact us to request a deferment to a later Course subject to the following conditions:

10.1.1    Deferments to a later Course may only be sought two (2) weeks following the starting date of the Course;
10.1.2    Any requested deferment must be to a Course which starts within twelve (12) months of the original Course start date;
10.1.3    Deferment to a later Course is only permitted once and is subject to availability of other courses scheduled at our discretion;
10.1.4    If you have deferred to a later Course, you will not be entitled to cancel the Course and receive a refund. However, if we cancel the later Course then you will have a right to receive a refund as set out in Condition 11.1.

10.2    Variation of Course dates will be at our discretion, and we cannot guarantee that a Course will be run again in the future.
10.3    You must notify us in advance if you are unable to complete the Course due to illness, in order for us to offer you a full or partial refund or transfer you to a later date for the Course depending on the individual circumstances. You may be asked to provide supporting information in the form of a doctor’s note. Cancellation due to extenuating circumstances will be at our discretion.

11.    Termination and deferment

11.1    We may defer the date of delivery of a Course or terminate this Agreement if events or circumstances beyond our reasonable control occur, including strike, industrial action, disorder, fire, accident, natural disaster or stoppage affecting our business, premises or work or providing the Course. 
11.2    If we terminate the Agreement pursuant to Condition 11.1, we will notify you as soon as reasonably practicable. We will enrol you in the Course on such later date as we may be able to provide. If you do not wish to attend the Course on the revised date, or we are unable to provide the Course on an alternative date, then you must notify us in writing fourteen (14) days of us notifying you of the revised date (or Course cancellation) and we will refund the Fees.
11.3    We terminate this Agreement or suspend your participation in the Course if:

11.3.1    you breach the Agreement in a material way;
11.3.2    you give your login details to or share Course content with any third party without our prior written consent; or
11.3.3    you fail to pay Fees in accordance with this Agreement.   

11.4    If we terminate the Agreement pursuant to Condition 11.3, you will no longer have access to the VLE and you will not be entitled to any refund. 
11.5    Notwithstanding termination of the Agreement for any reason you will be liable to pay that proportion of the Fees for the Course up to the date of termination.

12.    Notices

12.1    If you send a notice under this Agreement, you must send it to:

Chief Legal Officer
Walter Bower House
Eden Campus
Main Street
Guardbridge
St Andrews
Fife
Scotland
KY16 OUS
Email: standrewsonline@st-andrews.ac.uk

12.2    We may contact you (including to give your notices under this Agreement) at either the email or postal address in your Application Form. 
12.3    Notice will be deemed received and properly served twenty-four (24) hours after an email is sent (provided no out of office or delivery failure message is received upon sending), or three (3) days after the date of posting of any letter.  

13.    Loss or damage suffered by you

13.1    We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation or for breach of your legal rights in relation to the Course.
13.2    If we fail to comply with the Agreement, we are responsible for loss or damage that you suffer that is a foreseeable result of our breach of the Agreement, or our negligence. We are not liable for loss of revenue, loss of earnings or any other indirect or consequential loss.

14.    Data protection 

14.1    Please read our Privacy Policy for details of how we will use your information. You agree to comply with our Privacy Policy.

15.    Confidentiality

15.1    We agree not to use Confidential Information for any purpose other than the Course and the performance of this Agreement.
15.2    We agree not to disclose Confidential Information to any third party (which does not include our employees, officers, agents or representatives) without obtaining your prior written consent.

16.    Other important information

16.1    You may not transfer, subcontract, sublet or assign any of your rights and/or obligations under this Agreement to anyone else.
16.2    This Agreement is between you and us. No other person has any rights to enforce any of its terms. 
16.3    Both, our and your rights and remedies are cumulative and not alternative. Neither the failure nor any delay by either of us in exercising any right, power, or privilege under these Conditions will operate as a waiver of such right, power, or privilege. 
16.4    If a court finds part of the Agreement illegal, the rest will continue in force. Each of the Conditions in this Agreement operates separately. 
16.5    The laws of Scotland apply to this Agreement and any non-contractual obligations arising from or in connection with them. The Scottish Courts will have exclusive jurisdiction to deal with any dispute which may arise out of or in connection with the Agreement.