Acceptable Use Policy


THIS PRIVACY POLICY FORMS PART OF OUR WEBSITE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE WITH ANY TERM OF THIS PRIVACY POLICY, YOU MUST CEASE YOUR ACCESS OF THIS WEBSITE IMMEDIATELY.

1. Introduction

1.1. The Information and Communications Technology sector in general and the Internet in particular are subject to constant and rapid change both in the technology used and the associated behaviours.

1.2. This Acceptable Use Policy (“AUP”) sets out the parameters within which you must make use of the GetSmarter Site and the VLE Site, and in so doing agree to be bound by this AUP.

2. Status

2.1. The Acceptable Use Policy forms part of the Terms and Conditions for Students.

3. Definitions

3.1. Unless stated to the contrary words and phrases used in this document have the same meanings ascribed to them in the Terms and Conditions for Students.

3.2. The following words and phrases have these meanings in this document:

3.2.1. ”Malicious Code” means anything that contains any back door, time bomb, trojan horse, worm, drop dead device, computer virus or other computer software routine or code intended or designed to: ul permit access to or the use of a computer system by an unauthorised third party, or ul disable, damage, erase, disrupt or impair the normal operation of a computer system.

4. Internet Use

You may not use the GetSmarter Site or the VLE Site to engage in illegal, abusive, or irresponsible behaviour, including:

4.1. Unauthorised access to or use of data, services, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without our express authorisation;

4.2. Monitoring data or traffic on any network or system without our the authorisation;

4.3. Interference with service to any user, host or network including, without limitation, sending of or causing the sending of, numerous duplicate automated and / or excessive, similar emails , flooding, deliberate attempts to overload a system and broadcast attacks;

4.4. Use of an Internet account or computer without our authorisation, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;

4.5. Collection of personal information about third parties without their consent;

4.6. The intentional dissemination of any Malicious Code;

4.7. Forging of any TCP (Transmission Control Protocol) Internet Protocol packet header or any part of the header information in an Email or a newsgroup posting; or

4.8. Any activity or conduct that is likely to result in retaliation against us or the GetSmarter Site or the VLE Site.

5. Security

5.1. You must take reasonable security precautions.

5.2. Your passwords should consist of at least 8 mixed alpha and numeric characters with case variations. You should not permit a common word to be used as a password. You must protect the confidentiality of your password, not share it at all with any other person, and you should change your password regularly.

6. Unsolicited Email

6.1. You may not send any unsolicited email, whether of a commercial or non-commercial nature, to any person who has indicated that he does not wish to receive it.

7. Other networks

7.1. You must comply with the rules of any other network you accesse or participate in using the GetSmarter Site and the VLE Site.

8. Code of Conduct for Students

8.1. You are required and encouraged to contribute to the enhancement of the experience of all students and to encourage enthusiasm for learning, intellectual honesty, vigour in debate, openness and respect for fellow students.

8.2. By adhering to the following core principles, and by working together, we can continue to foster a respectful learning environment where we improve lives through better education:

8.2.1. You must take responsibility for your own learning, while also interacting constructively with fellow students, Course Coach and Course Instructor.

8.2.2. You must treat all our employees, and all fellow students with dignity and respect.

8.2.3. You undertake not to abuse or otherwise interfere with any member of the GetSmarter community in any manner, which contributes to disrupting their work or the creation of an intimidating, hostile or demeaning environment for team members or students in general, and specifically in relation to the person’s occupation, opinions, race, gender, beliefs or sexual orientation.

8.2.4. Assignments and all other academic submissions for assessment will be your own work (except for assignments that explicitly permit collaboration). You will not plagiarise or engage in any other form of academic dishonesty.

8.2.5. you may not make, distribute, reproduce, copy or make use of any material in which copyright resides, without our permission or that of the author(s) or owner(s).

8.2.6. You must comply with any reasonable instruction of our authorised representative.

9. Offensive content

9.1. You may not publish, display or transmit via the GetSmarter Site or the VLE Site any content that we reasonably believe:

9.1.1. constitutes child pornography or is otherwise obscene, sexually explicit or morally repugnant;

9.1.2. is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;

9.1.3. is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;

9.1.4. is defamatory or violates a person’s privacy;

9.1.5. creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;

9.1.6. improperly exposes trade secrets or other confidential or proprietary information of another person;

9.1.7. is intended to assist others in defeating technical copyright protections;

9.1.8. clearly infringes another person’s trade or service mark, patent, or other intellectual property right;

9.1.9. promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;

9.1.10. is discriminatory in any way, including by way of sex, race, or age discrimination;

9.1.11. is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to us; or

9.1.12. is otherwise malicious, fraudulent, or may to result in retaliation against us by offended viewers.

9.2. Content “published or transmitted” via the GetSmarter Site or the VLE Site includes web content, email, bulletin board postings, chat, and any other type of posting, display or transmission that relies on the Internet.

10. Acceptable Use

10.1. You agree to treat all other users of the GetSmarter Site or the VLE Site with respect and will not engage in any of the following activities:

10.1.1. Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy) of others.

10.1.2. Publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.

10.1.3. Upload or otherwise transfer files that contain software or other material protected by intellectual property laws (or by rights of privacy or confidentiality) unless the rights thereto are owned or controlled by you or you have the required authority to do so, and have received all necessary consent to the intellectual property.

10.1.4. Upload or otherwise transfer files that contain viruses, corrupted files or any other similar software or programs that may damage or inhibit the operation of another computer.

10.1.5. Delete any legal notices, labels or anything else in the Media or GetSmarter Site or the VLE Site content that displays authorship or ownership in any file that is uploaded.

10.1.6. Falsify the origin or source of software or other material contained in a file that is uploaded.

10.1.7. Advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters.

10.1.8. Download any file posted by another user of a forum you know, or reasonably should know, cannot be legally distributed.

10.1.9. Use any communications or content or other information obtained through the GetSmarter Site or the VLE Site in a manner that is competitive with us or the GetSmarter Site or the VLE Site.

10.2. You agree and acknowledge that we will not be held liable for content created by you, and you maintain all responsibility for your actions and statements made on the GetSmarter Site or the VLE Site.

10.3. We reserve the right to remove content created by users of the GetSmarter Site or the VLE Site at any time.

11. Copyrighted material

11.1. You may not use the GetSmarter Site or the VLE Site to download, publish, distribute, or otherwise copy in any manner any music, Software, art, or other work protected by copyright law unless:

11.1.1. you have been expressly authorised by the owner of the copyright in the work to copy the work in that manner;

11.1.2. you are otherwise permitted by copyright law to copy the work in that manner.

11.2. We will have the right to terminate your right to participate in any course, including any course which is in progress, for repeat copyright infringers.

12. Cooperation with investigations and legal proceedings

We may, without notice to you:

12.1. report to the appropriate authorities any conduct by you that we believe violates applicable criminal law, and

12.2. provide any information we have about you and co-operate in response to a formal or informal request from a law enforcement or regulatory agency investing in any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.

13. Consequences of violation of AUP

13.1. We may, without notice to you, suspend your right to participate in any course, including any course which is in progress, or remove any content transmitted via or stored on the GetSmarter Site or the VLE Site if we reasonably believes you are using the GetSmarter Site or the VLE Site in breach of this AUP. You must cooperate with our reasonable investigation of any suspected breach of the AUP.

13.2. Should your violation of the AUP be sufficiently serious, or if you consistently breach the AUP, then we may at our sole instance immediately terminate upir right to participate in any course, including any course which is in progress, without recourse by you. Such a breach of the AUP will be deemed a breach of the Agreement.

13.3. you are strictly responsible for the way in which you participate in any course in breach of this AUP. We will charge you for any breach of the AUP together with the cost of equipment and material needed to:

13.3.1. investigate or otherwise respond to any suspected violation of this AUP;

13.3.2. remedy any harm caused to us as a result of your violation of this AUP; and

13.3.3. respond to complaints.

14. Disclaimer

14.1. Nothing in this document shall be interpreted as placing a duty upon us to monitor or enforce your activities and we disclaim any liability as a result of a failure to do so, and consequent misuse of the GetSmarter Site or the VLE Site is disclaimed.

15. Amendment of the AUP

15.1. Given the rapid changes inherent in the Information and Communications Technology sector, we reserve the right to amend this document at any time, as set out in the Terms and Conditions for Students.