This Online Certificate Course Enrollment Agreement (the “Agreement”) applies to short certificate programs (each a “Course”) offered by OpusVi (“OpusVi”) registered at 12 Merrion Square, Dublin 2, D02 H798 Ireland.
BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AS PART OF THE ONLINE ENROLLMENT FOR A COURSE, YOU (HEREINAFTER “YOU” OR THE “STUDENT”) HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS, CONDITIONS AND PROVISIONS CONTAINED HEREIN, AND ARE CONFIRMING THAT YOU ARE AGREEING TO COMPLY WITH AND BE BOUND BY THIS AGREEMENT AND OPUSVI PRIVACY POLICY. IF, AFTER READING THIS AGREEMENT YOU DO NOT ACCEPT OR AGREE TO THE TERMS AND CONDITIONS CONTAINED HEREIN, YOU MAY NOT ENROLL IN OR ACCESS THE COURSE.
If you intend to enroll in a degree program, please refer to the awarding University’s Terms and Conditions. If you were awarded a scholarship, please refer to the Impact Fund Terms and Conditions.
Please contact us if you have any questions.
Term
The term of this Agreement will commence upon registration by the Student in the Course and, unless otherwise terminated in accordance with this Agreement, will continue until the completion of the Course or, as applicable, until the Student’s last communication with OpusVi.
Account Activation
- Registering for the Course. You are required to register with OpusVi in order to enroll in a Course. During registration, you will be asked to provide personal information. You shall ensure that such information is accurate and complete and that such information remains current throughout the term of the Course.
- Accounts and Passwords. One week prior to the Course start, you will be provided with your Student account by OpusVi Support. You are responsible for keeping all account passwords secure. OpusVi will not be liable for any loss or damage caused by or arising from a failure by students to maintain the security of their account and password.
- Your Responsibilities. You are responsible for all activity in your account and for any data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your account.
Course Delivery
- Courses and Online Campus. OpusVi shall provide you with access to the Course that you purchased through the OpusVi website or OpusVi’s online campus program (the “Online Campus”) on the terms and conditions contained herein. OpusVi will provide access to all of the Course materials and features described in the specific Course outline made available on the OpusVi website (“Course Materials”).
- Course License. Subject to payment in full of the applicable fees for a Course, OpusVi hereby grants to you a single-use, non-exclusive, non-transferable, revocable license to access, view and use the Course and related Course Materials. A Student is also granted the right to download, store and print single copies of all Course Materials. All ownership rights in the intellectual property related to the Course and Course Materials remain with OpusVi and the Student may not use or reproduce any of the Course Materials in any manner, without the express written consent of OpusVi.
- Copyright. The Course Material is covered by the provisions of the Copyright Act (Canada) and by other applicable laws, policies, regulations and international agreements that address intellectual property rights. Except as granted in the limited license, any use of the Course or the Course Materials, including modification, transmission, presentation, distribution, republication, or other exploitation of the Course or the Course Materials, whether in whole or in part, is prohibited without the prior written consent of OpusVi. Any violation of the copyright or trademark rights of OpusVi will result in immediate termination of access to the Course without refund.
- Language. Unless otherwise stated, English is the language of instruction and administration for all OpusVi Courses.
- Correct details. It is your sole responsibility to ensure that OpusVi has the correct and up-to-date email address on record, and you agree to review and act upon requests received via this email.
- Course changes. OpusVi reserves the right at any time in its sole discretion to cancel, delay, reschedule or alter the format of any Course offered by OpusVi.
Computer and Internet Minimum Specifications
- Windows or Macintosh (1GHz or faster processor, 4GB RAM).
- Please install the most recent operating system and web browser (Chrome is preferred).
- You may also need to install the following programs or applications (you may need administrator access to install these on your device):
- Internet Speed. Download/upload: minimum 10 Mbps, wired connection recommended. Check your speed at https://speedtest.net/.
- Video. You may be required to use a webcam during class. Many laptops, tablets, and cell phones have webcams built in. If your device does not have this, you may need to obtain one.
- Audio. Be prepared to use a microphone for some class activities. Do not plan to use the microphone that is built into your computer. You can use an external headset, or a set of earbuds. Avoid wireless headphones if possible.
- We do not support:
- Linux/Chromebook.
- Taking quizzes or exams on mobile devices or tablets.
- Beta versions of any software.
- Internet Connectivity Disclaimer. OpusVi makes the Courses available for access via the Internet. You shall provide, at your own expense, all necessary hardware, applications and Internet connectivity necessary to access the Course over the Internet. You are responsible for and shall ensure that your computer equipment and an internet connection meets the minimum specifications published by OpusVi and updated from time to time on the OpusVi website.
- Interruption of service. You acknowledge and agree that from time to time, the OpusVi 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. Business and operational reasons.
- No breach. Such interruption to the accessibility of the OpusVi website or Online Campus will not be deemed a breach of these Terms 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 OpusVi 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 unauthorized third parties will not be able to defeat our security measures. You undertake to contact us immediately of any compromise or unauthorized use of your account.
Course Assessment
- Assessment methods. Each Course requires assessment of learning. Please refer to the Course syllabus for specific details regarding the assessment for your Course.
Student Conduct
- You are expected to conduct yourself at all times in a manner which demonstrates respect for OpusVi and its staff, fellow students and property (whether tangible or intangible).
- You shall ensure all documents and information you provided to us are true, authentic and correct.
- You shall not make any unauthorized visual and/or audio recordings of lectures or other learning and teaching activities.
- All Course work is intended to be an individual piece of work. You should ensure that you read through the work prior to submission. You must not copy or collude with other students or present any information that you have not generated yourself.
- Course registration and fees, login credentials and Course materials are non-transferable between students.
- OpusVi reserves the right in its sole discretion, to terminate access of the Student to the Course and Course Materials at any time, if the Student becomes disruptive to the Course or other students or fails to follow the above requirements or the Course guidelines. In the event of a termination of the Program, the Student shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
Pricing and Payment
- Course Fee. For any program that you choose to purchase from OpusVi, you hereby agree to pay all applicable tuition or Course fees when due.
- Currency. All amounts are quoted in US Dollars and include tax where applicable.
- Reminders. You consent to receive and accept communications from us, including e-mail, text messages, or calls to the telephone number you provide to us when you sign up for an OpusVi course. You acknowledge that we may contact you in relation to the status of your Course fee payment.
- Dispute. For any dispute in billing please contact accountsreceivable@opusvi.com. OpusVi reserves the right to suspend your participation in the Course if the dispute cannot be resolved within 5 business days.
- Payment methods. OpusVi uses Stripe to process payments. Stripe accepts all major debit and credit cards from customers in every country.
- Suspension for Non-Payment. OpusVi may immediately suspend your access to a Course if you fail to make any payment due in respect of the tuition for a Course and do not cure such non-payment within ten (10) business days after receiving notice of such failure. Any suspension of the rights hereunder by OpusVi under the preceding sentence shall not excuse you from your obligation to make all payment(s) under the Agreement.
Deferrals and Transfers
- If you wish to defer or transfer your enrollment before the Course start date, you must contact your Enrollment Advisor to make the arrangements.
- If you wish to defer or transfer your enrollment once the Course has begun, you must do so within the permitted cancellation or drop period (the “Drop Period”) as outlined in the chart below. Please contact OpusVi Support to make the request.
- You can only defer once. You must register to retake the Course within 12 months of the deferral.
- You will not be able to defer the enrollment after the Drop Period. If you are experiencing unique circumstances that prevent you from continuing in the Course, you must contact OpusVi Support immediately. OpusVi has sole discretion in determining whether or not the circumstances warrant a deferral/transfer.
- Upon deferring the Course, you waive the right to submit an application for a refund. Where you have deferred the Course, and subsequently failed or attempted to withdraw from the Course, no refunds will be provided except in exceptional circumstances. OpusVi has sole discretion in determining whether or not the circumstances are exceptional.
Cancellations and Refunds
- If you cancel your enrollment no less than one business day before the Course start date, you are entitled to a refund of 100% of the Course fee. Please contact your Enrollment Advisor to make the request.
- If you cancel your enrollment on or after the Course start date, but within the Drop Period, you are entitled to a refund of 50% of the Course fee. To find out the Drop Period for your Course, please refer to the table in the Deferrals and Transfers section. Please contact OpusVi Support to make the request.
- There will be no refund of the Course fee if you cancel your enrollment in the Course after the applicable Drop Period.
- We accept no liability for any costs or losses incurred by you through the cancellation of your enrollment in the Course.
- If OpusVi cancels the Course for any reason you will have the option of a refund or a deferral.
Complaints and Feedback
- Feedback. OpusVi encourages you to share feedback on Courses for continuous improvement of its courses and processes, including, but not limited to, quality, suitability, suggestions and other information with respect to the Course (“Feedback”). You hereby grant to OpusVi a fully paid-up, royalty-free, worldwide, assignable, transferable, sublicensable, irrevocable, perpetual license to use or incorporate your Feedback into the Courses and any marketing or other materials relating to the Courses.
- General Complaints Policy.
- Contact. During your Course you can contact OpusVi Support with any complaints or feedback.
- Confidentiality. We recognize the importance of protecting your information – as such, all complaints will be handled in a confidential manner. In cases where the internal sharing of information is necessary to resolve 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.
- Response. Please allow up to 3 business days for our complete response.
Privacy and Anti-Spam
- Personal Information. OpusVi agrees to protect all personal information collected from the Student for the purpose of providing the Course in accordance with applicable privacy legislation. The Student agrees to the collection and use of the Student’s personal information in accordance with OpusVi’s Privacy Policy for the purpose of delivering and administering the Course.
- Communications. You may receive communication from OpusVi representatives via email, telephone, and text message for course administration and other purposes related to these Terms. You agree and consent to receipt of such communications. You may choose to unsubscribe and/or opt out of any generic marketing lists or communications that are unrelated to course administration, at any time, through the supplied opt-out mechanism without affecting access to the Course.
Indemnity
The Student will indemnify and hold harmless OpusVi and its partners, employees, consultants, agents or licensors from and against any claims brought by third parties arising out of your use of the Course or the Course Materials, except to the extent cause by the gross negligence of OpusVi, or its partners, employees, consultants, agents or licensors.
Limitation of Liability
IN NO EVENT SHALL THE MAXIMUM, CUMULATIVE AND AGGREGATE LIABILITY OF OPUSVI (OR ITS PARTNERS, EMPLOYEES, CONSULTANTS, AGENTS OR LICENSORS) ARISING OUT OF YOUR USE OF OR RELIANCE UPON OF THE COURSE OR OTHERWISE RELATED TO THIS AGREEMENT OR TO THE SUBJECT MATTER HEREOF, FOR ALL CLAIMS, COSTS, LOSSES AND DAMAGES (INCLUDING ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA OR LOST PROFITS) EXCEED THE AMOUNTS ACTUALLY PAID BY YOU HEREUNDER FOR THE COURSE GIVING RISE TO LIABILITY. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS CUMULATIVE LIMIT.
Governing law
The Terms shall be governed by and construed and enforced in accordance with the law of the State of New York, United States of America, without regard to any conflict of law principles that would result in the application of the laws of another jurisdiction. You agree that the courts of the State of New York, United States of America shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Terms.
Entire Agreement
This Agreement is the entire agreement between you and OpusVi in respect to the subject matter hereof, superseding any other agreements or discussions, oral or written, and may not be changed except by a written amendment signed by each of you and OpusVi.