The following constitutes the Terms & Conditions, alternatively referred to as the Terms of Service, to which you agree when booking a writing course with WriteOnline and using the writing course includes the website services and course content.
WriteOnline and you shall each be referred to as a “Party” and together as the “Parties” in this Agreement. If you do not have the authority to book a writing course, or if you do not agree with these Terms & Conditions, you must not accept these Terms & Conditions and may not use the documentation on the WriteOnline website or register for a writing short course.
WriteOnline reserves the right to review and update these Terms & Conditions periodically at its sole discretion.
These Terms & Conditions are a contract between you and WriteOnline, a private online educational platform.
WriteOnline reserves the right to revise these Terms & Conditions (including Policies) at its sole discretion from time to time. These revisions will become effective immediately on being posted to the website.
For any conflict arising from information provided on the website or course outlines or other course notes and materials, these Terms & Conditions will prevail unless expressly stated otherwise.
Should a part of these Terms & Conditions be 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.
These Terms & Conditions, and any rights and licences granted in terms of these Terms & Conditions, may not be transferred or assigned by you, but may be assigned by WriteOnline without restriction.
Should WriteOnline decide not to enforce any part of these Terms & Conditions, this does not exclude this from happening at a later date. No waiver of any clause of these Terms shall be deemed a further or continuing waiver of such Term or any other Term.
BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, OR BY USING OR ACCESSING WriteOnline WRITING COURSE MATERIALS, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
Two online short courses, Writing Fiction and Writing Reality, and a supervisory class, The Writers’ Masterclass, can be booked via the application forms available through the links on the WriteOnline website. On submission of the application form for an online writing course you will receive a confirming email that you are accepted onto the course. Training and course purchases are valid only for the date and time specified in your booking. Applicants can register for courses online through the links available on our website.
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 will need to download documents in Adobe PDF Reader, 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.
WriteOnline recommends that you use either Firefox or Google Chrome as your internet browser when accessing the online courses. Although this is not a requirement, these browsers perform best when accessing course material. These browsers can be downloaded.
Please note that Google, Vimeo and YouTube may be also used in WriteOnline course delivery, and if these services are blocked in your jurisdiction, you may have difficulty in accessing those items in the course content.
You are obliged to acquire access to the necessary software and resources necessary for the course at your own cost, and WriteOnline will not be liable for any consequences from the use of such software or resources. WriteOnline does not sponsor or endorse, nor is affiliated to, the entities responsible for software and resources. These programs have been chosen for their global effectiveness for the course.
The online courses and The Writers’ Masterclass will be conducted in English and the course content will, likewise, be in English. All coursework must be written in English, this includes posts made on the discussion forum.
Both writing courses consist of modules released weekly through the WriteOnline platform, accessible using the website link that comes with your registration. All course-related documentation is provided in electronic format and can be accessed through the WriteOnline platform.
2. YOUR OBLIGATIONS
With your enrolment for a course, you can set up a profile on the WriteOnline platform. If you already have a profile, you can use your existing profile for the new course. If you have been suspended from a course (for any valid reason), WriteOnline may suspend access to your profile.
Before registering for either short course, you must ascertain the relevance and suitability of the course for your specific requirements by considering the information supplied through the WriteOnline website.
If you are under 18 years of age, WriteOnline requires that you obtain the written consent and assistance of your parent or legal guardian to enter into these Terms or register for a course.
Only registered applicants may participate on that course. You may not give your username or password or log-in details to anyone else, may not permit anyone else from participating in the course on your behalf, and may not impersonate anyone else in dealing with WriteOnline by using another user’s username and password. If you forget your username or password, WriteOnline will only take secure steps to ensure that you regain access to your profile.
WriteOnline reserves the right to remove any delegate from a short course whose behaviour is deemed inappropriate. In these circumstances, WriteOnline will neither refund any fees nor reimburse any other costs.
You are prohibited from:
- Placing 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 allows 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 & Conditions.
- Reverse engineering, decompiling, or disassembling any software that is contained within the course content or on the WriteOnline platform.
- Removing any notice of copyright, trademark or other proprietary right from where it is on, or embedded in, the course content.
You agree to contact WriteOnline about the unauthorised use of your profile. You are responsible for the use of your profile on the platform and for maintaining it and the information contained in it.
The WriteOnline platform is fully compatible with mobile devices, including smartphones and tablets. To participate in the course you will also need a desktop computer or a laptop computer to download PDF files. The cost of your internet access and of any upgrades required to your computer or mobile device are for your account.
WriteOnline is not responsible for technical support for any external websites.
Videos are also provided for the majority of course modules. Some of these videos are lectures on the topics covered in the modules. You will need Adobe Flash Player to view the video lectures. If you are using a slow internet connection, viewing some of these videos may be difficult.
WriteOnline expects you to avoid plagiarising the work of others. Plagiarism is the intentional or unintentional use of another’s work without crediting the author or source of the work.
The two short course fees must be paid by EFT (Electronic Funds Transfer). A two-tranche payment arrangement can be elected: 50% must be paid on registration before the course begins; the balance must be paid before the release of Module 3. Payment of fees for The Writers’ Masterclass must be paid by EFT: a three-tranche payment plan can be elected. These amounts will be individually invoiced. All payments are due in South African Rands. Should bank charges, or sundry commissions or fees be levied on or added to a payment made by you to WriteOnline from any country or jurisdiction, you shall be liable for all such bank charges and additional costs.
Should you wish to defer your course to the next presentation of the course you need to contact WriteOnline.
Notice of a registrant’s intention to cancel a registration must be made by emailing [email protected] and is subject to the following terms:
- Applicants whose cancellation request is received before the start of the course will receive a full refund minus administration fees, bank charges, commissions or fees;
- Applicants who seek to cancel after the start of the course but before the release of Module 2, will receive a 50% refund.
WriteOnline reserves the right to cancel courses, change the online platform, change tutor, or change course content. In the event that a course must be cancelled, registered applicants will be informed at least 7 days prior to the start of the course. Registered applicants will be notified via email. WriteOnline will make every effort to avoid cancellations. In case of a cancellation registered applicants will receive a refund for the full course fee.
5. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WriteOnline SHALL NOT BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WriteOnline’s AGGREGATE LIABILITY TO THE OTHER SHALL EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO WriteOnline FOR THE TRAINING GIVING RAISE TO A CLAIM.
You acknowledge and agree that the disclaimers and limitations of liability recorded in these Terms & Conditions reflect a reasonable and fair allocation of risk between you and WriteOnline, and that these limitations allow WriteOnline to make services available to you on a reasonable basis.
Subject to any applicable laws, you agree to indemnify and hold WriteOnline harmless in respect of any claim that a third party might bring that relates to or arises from these Terms & Conditions following your registration for a course. This indemnity includes claims arising from your use of the WriteOnline platform in a manner that is incompatible with these Terms & Conditions, or your profile is transferred to another person, or another person accesses your profile without your consent. This indemnity also includes all liability or loss that WriteOnline might suffer as a result of a claim, including legal costs on the highest permissible scale and any additional legal and collection costs.
6. WARRANTY AND DISCLAIMER
WriteOnline has taken reasonable measures to provide accurate information through the website, but all information viewed or accessed from this website is provided on an “as is” basis, without any warranty, whether express or implied, except to the extent otherwise stated in relation to your enrolment for a course or as specifically imposed by law.
You may only use information on the website for personal use. Any use of or reliance on this website, the contents of this website or the information provided through this website will be at your sole risk. WriteOnline makes no representations or warranties as to the accuracy of the information contained in this website. Any articles, guides or information of any nature provided on this website is summarised content, and may not be applicable to your particular situation and should therefore not be relied upon solely by you for any purpose.
WriteOnline does not warrant that this website or the delivery, hosting and ancillary services or facilities of third party suppliers utilised by this website will continue to operate, will operate without interruptions or will be error-free or that the content will be free of any errors and omissions or that that it is secure from any software virus or other harmful components. You will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data caused as a result of any use of this website.
The short courses and training materials are provided “as is”. WriteOnline does not accept responsibility for anyone acting as a result of information in, or views expressed in, its short courses including course materials. There is also no warranty that you will attain a level of knowledge by the use of the course or the course materials. WriteOnline disclaims any implied warranties including the implied warranties of merchantability and fitness for a particular purpose.
7. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
All WriteOnline material is owned by WriteOnline.
All intellectual property rights in all course notes, including the design, graphics and text of all printed materials and the audio and video of instruction videos and podcasts, are owned by WriteOnline. Except where expressly stated otherwise, 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 WriteOnline website, is owned by WriteOnline or licensed to WriteOnline and all rights in this regard are asserted and reserved. Access to or use of WriteOnline services and courses will not result in an assignment or license of any intellectual property owned by WriteOnline or any other party.
When you are given access to the course notes, you are granted a non-exclusive, non-transferable, revocable licence to use the course notes.
The services and courses will enable you to share your own content, including assignments, with your tutor and co-students. You retain all intellectual property rights in, and are responsible for, the content that you share, however, you agree and consent that WriteOnline shall be entitled to use (at its discretion) all content shared by you on the WriteOnline platform for internal research and development, course improvement and non-commercial purposes. You are responsible for ensuring the proper protection of your student intellectual property. If your student intellectual property is best protected by a trademark, or you have not filed for protection of your protectable intellectual property, then non-disclosure may be an essential protection. WriteOnline cannot and does not guarantee that any intellectual property shared on the course or otherwise through the website will not be used by other applicants on the course.
Except as otherwise set out in these Terms & Conditions, each party may disclose to the other party certain confidential information under these Terms & Conditions.
Each party agrees that all code, inventions, know-how, business, technical and financial information or any information specifically designated as confidential or that would be understood to be confidential or proprietary by a reasonable person disclosed to such party (“Receiving Party”) by the disclosing party (“Disclosing Party”) constitute the confidential property of the Disclosing Party(“Confidential Information”).
Any WriteOnline technology, any commercial terms (including pricing) of these Terms & Conditions and any performance information relating to the courses shall be deemed the confidential information of WriteOnline without any marking or further designation.
Except as expressly authorised here, the Receiving Party will use (and will ensure that its affiliates, agents, contractors and any approved third parties use) reasonable efforts (which shall be no less than the efforts used to protect its own confidential information of a similar nature) to prevent the disclosure of any Disclosing Party’s confidential information for any purpose other than providing the training contemplated by these Terms & Conditions unless authorised by the Disclosing Party.
The Receiving Party’s non-disclosure obligation shall not apply to information which the Receiving Party can document:
(i) was rightfully in its possession or known to it prior to receipt of the confidential information;
(ii) is or has become public knowledge through no fault of the Receiving Party;
(iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or
(iv) is independently developed by employees of the Receiving Party who had no access to such information.
The Receiving Party may also disclose confidential information if so required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party).
9.1 Third-party tools.
WriteOnline may provide you with access to third-party tools which are neither monitored nor over which WriteOnline has any control or gives input. You acknowledge and agree that WriteOnline provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. WriteOnline shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
9.2 Changes to Terms & Conditions also referred to as Terms of Service.
You can review the most current version of the Terms of Service at any time on the WriteOnline website. WriteOnline reserves the right, at its sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the website. It is your responsibility to check the website periodically for changes. Your continued use of or access to the WriteOnline website or the service following the posting of any changes to these Terms & Conditions (alternatively referred to as Terms of Service) constitutes acceptance of those changes.
9.3 Governing law.
These Terms & Conditions and Terms of Service and any separate agreements shall be governed by and construed in accordance with South African laws.
9.5 Force majeure.
Neither party shall be liable to the other for any delay or failure to perform any obligation under these Terms & Conditions (except for a failure to pay fees) if the delay or failure is due to unforeseen events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, pandemic, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency (each a “Force Majeure Event”).
9.6 Entire Agreement and severability.
The Terms & Conditions were applicable as at 25 April 2020