Terms of Service

Copyright on the Emeritus Site and all materials included in it is owned by or licensed to Emeritus and all rights are reserved. You must abide by all copyright notices and restrictions contained on the Emeritus Site. You may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or otherwise use any materials from the Emeritus Site (including computer programs or other code) (“Site Materials), except that you make a reasonable number of machine-readable copies of the Site Materials only for personal, non-commercial use, and only if you do not alter the text or remove any trademark, copyright, or other notice displayed on the Site Materials. Unless otherwise expressly stated on the Site, the texts, exams, video, images and other instructional materials provided with the courses offered on this Site are for your personal use in connection with those courses only.

Certain reference documents, digital textbooks, articles and other information on the Site are used with the permission of third parties, and use of that information is subject to certain rules and conditions, which will be posted along with the information. By using this Site you agree to abide by all such rules and conditions.

User postings representations and warranties. By submitting or distributing your user postings, you affirm, represent and warrant (1) that you have the necessary rights, licenses, consents and/or permissions to reproduce and publish, the user postings and to authorize Emeritus and its users to reproduce, modify, publish and otherwise use and distribute your user postings in a manner consistent with the licenses granted by you below, and (2) that neither your submission of your user postings nor the exercise of the licenses granted below will infringe or violate the rights of any third party. You, and not Emeritus, are solely responsible for your user postings and the consequences of posting or publishing them.

License grant to Emeritus. By submitting or distributing your user postings, you hereby grant to Emeritus a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, re-distribute, relicense, and otherwise use, make available and exploit your user postings, in whole or in part, in any form and in any media formats and through any media channels (now known or hereafter developed).

License grant to Emeritus users. By submitting or distributing your user postings, you hereby grant to each user of the Site a non-exclusive license to access and use your user postings in connection with their use of the Site for their own personal purposes.

Use of Emeritus, MIT Sloan School of Management, Columbia Business School, and Tuck At Dartmouth, trademarks and service marks. The “Emeritus,” MIT,” “Columbia,” “Dartmouth,” and “Tuck” names, logos, and seals are trademarks (“Trademarks”) of the respective entities. You may not use any of these trademarks, or any variations thereof, without the owner’s prior written consent. You may not use any of these trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in these institutions’ sole judgment, gives the appearance or impression of a relationship with or endorsement by these institutions.

All Trademarks not owned by Emeritus, if any, are the property of their respective owners.

Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Site without the written permission of the owner of the applicable trademark.

When you register for a course, you agree to pay the applicable course fee and any associated taxes. You consent to the receipt of an invoice or a statement of course fee, which shall be sent to you in an electronic format, to the email address that you provided upon registration. The price of courses will be reflected in United States Dollars, unless otherwise stated. If you select a part payment plan, you agree and authorise us to charge your card on the payment due date(s) for the amount(s) due.

If you fail to make payment for a Course by the due date for payment (as agreed during registration and recorded in your invoice/statement of course fee), then we may suspend your participation in the Course. In such cases you will not be permitted to access the course. At our discretion, we may permit you to resume access to the course, provided the outstanding payment has been paid by you before the course end date. You hereby acknowledge and consent to us contacting you in relation to payments due by you, by way of email, text message, telephone calls, or other means as determined by us.

If you do not pay your fees in accordance with the agreed payment terms, you will not receive your final result for your Course, and this may impact your course completion. You will not be issued a certificate until all fees have been paid in full and you have completed the required course work.

1. Emeritus has a fair policy in place for refunds. The refund policy as well as procedure shall be communicated to all students (both existing and prospective) clearly via our website and student contract and during a student’s pre-course counselling. The refund policy shall be reviewed regularly to ensure it is fair and equitable to all students. Students are required to adhere to the refund policy for any request of refund.
2. For a refund pertaining to withdrawal due to non-delivery of a course, Emeritus will notify students in writing in the event of any of the following:
3. a) The course does not commence on the course commencement date;
   b)It terminates the course before the course commencement date;
   c) It does not complete the course by the course completion date;
   d) It terminates the course before the course completion date;
   e) It has not ensured that the student meets the course entry or matriculation requirement as set by the organization or:
4. Within three working days, Emeritus will inform students in writing of the alternative study arrangement (if any). If a student decides to withdraw, the student will be refunded 100 percent of course fees and any miscellaneous fees paid within seven working days from the day the student submits the request to withdraw.
5. If the student withdraws from the course for any reason other than those stated above, Emeritus will refund to the student an amount based on the following table:
   

   % of the amount of fees paid under Schedules B and C of the Standard Student Contract	If Student’s written notice of withdrawal is received:
   100%	more than 60 days before the Course Commencement Date
   75%	between 31 to 60 days before the Course Commencement Date
   50%	before, but not more than 30 days before the Course Commencement Date
   10%	after, but not more than 7 days after the Course Commencement Date
   0%	more than 7 days after the Course Commencement Date

   The amount will be refunded to the student within 7 working days from the day Emeritus receives the Student’s written notice of withdrawal with complete documentations as required. Application fee for courses is non-refundable and non-transferable. Requests that are received after 12.00 noon would be considered as submission on the next working day.

6. Emeritus will provide the student with a cooling-off period of seven (7) working days after the date that the Contract has been signed by both the student and Emeritus.  The Student will be refunded the highest percentage (stated in Schedule D of the Standard Student Contract) of the fees already paid if the student submits a written notice of withdrawal to Emeritus within the cooling-off period, regardless of whether the student has started the course or not. Application fee is non-refundable under any circumstances.
7. The refund process time of 7 working days excludes the time taken for processing by the bank. All refunds will be paid directly to the student only, unless written and signed instruction is provided by the student to pay the refund to an account belonging to a person other than the student.

1. Emeritus has a fair policy in place for refunds. The refund policy as well as procedure shall be communicated to all students (both existing and prospective) clearly via our website and student contract and during a student’s pre-course counselling. The refund policy shall be reviewed regularly to ensure it is fair and equitable to all students. Students are required to adhere to the refund policy for any request of refund.
2. For a refund pertaining to withdrawal due to non-delivery of course, Emeritus will notify students in writing in the event of any of the following:
3. a) The course does not commence on the course commencement date;
   b) It terminates the course before the course commencement date;
   c) It does not complete the course by the course completion date;
   d) It terminates the course before the course completion date;
   e) It has not ensured that the student meets the course entry or matriculation requirement as set by the organization or:
4. Within three working days, Emeritus will inform students in writing of the alternative study arrangement (if any). If a student decides to withdraw, the student will be refunded 100% of Course Fees and any miscellaneous Fees paid within seven working days from the day the student submits the request to withdraw.
5. If the student withdraws from the course for any reason other than those stated above, Emeritus will refund to the student an amount based on the following:
   Withdrawal and Refund (Certificate Courses)
   You can request a full refund up to seven days of your payment or 14 days after course commencement, whichever comes later. If your enrollment had previously been deferred, you will not be entitled to a refund. Partial (or pro-rated) refunds are not offered.
   All withdrawal and refund requests should be sent to: admissions@emeritus.org
   Deferrals (Certificate Courses)
   After a cohort commences, you can request to change to a future cohort of the same program within 50 percent of course completion. A deferral request must be submitted along with a selected reason and explanation. Cohort changes may be made only once per enrolment and is subject to to availability of cohorts scheduled, at our discretion. This will not be applicable for deferrals within the refund period and the limit of one deferral per enrollment remains.
   All deferral requests should be sent to: admissions@emeritus.org
6. The fee will be refunded to the student within seven working days from the day Emeritus receives the student’s written notice of withdrawal with complete documentation as required. Application fee for courses is non-refundable and non-transferable. Requests that are received after noon as per the student’s local time will be considered as a submitted on the next working day.
7. The refund process time of seven working days excludes the time taken for processing by the bank. All refunds will be paid directly to the student only, unless written and signed instruction is provided by the student to pay the refund to an account belonging to a person other than the student.

The Site and any information, content or services made available on or through the Site are provided “as is” and “as available” without warranty of any kind (express, implied or otherwise), including, without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement, except insofar as any such implied warranties may not be disclaimed under applicable law.

Emeritus and the Founding Academic Institutions (as hereinafter defined) do not warrant that the Site will operate in an uninterrupted or error-free manner, that the Site is free of viruses or other harmful components, or that the courses or content provided will meet your needs or expectations. Emeritus and the founding academic institutions also make no warranty about the accuracy, completeness, timeliness, or quality of the Site or any courses or content, or that any particular courses or content will continue to be made available. “Founding Academic Institutions” means MIT, Columbia University and Dartmouth College and their respective entities providing information, content or services for the Site, the course instructors and their staffs.

Use of the Site, and the content and services obtained from or through the Site, is at your own risk. Your access to or download of information, materials or data through the Site or any reference sites is at your own discretion and risk, and you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data, unless otherwise expressly provided for in the Emeritus Privacy Policy.

User postings disclaimer. You understand that when using the Site you will be exposed to user postings from a variety of sources and that neither Emeritus nor the Emeritus participants are responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such user postings. You further understand and acknowledge that you may be exposed to user postings that are inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Emeritus or any of the Emeritus participants with respect thereto. Neither Emeritus nor any of the Emeritus participants endorse any user postings or any opinion, recommendation or advice expressed therein. Neither Emeritus nor any of the Emeritus participants have any obligation to monitor any user postings or any other user communications through the Site.

However, Emeritus reserves the right to review user postings and to exercise its sole discretion to edit or remove, in whole or in part, any user posting at any time and for any reason, or to allow the Emeritus participants to do so. Without limiting the foregoing, upon receiving notice from a user or a content owner that a user posting allegedly does not conform to these TOS, Emeritus may investigate the allegation and determine in its sole discretion whether to remove the user posting, which it reserves the right to do at any time and without notice.

Links to other sites. The Site may include hyperlinks to sites maintained or controlled by others. Emeritus and the Emeritus participants are not responsible for and do not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites. If you decide to access linked third-party websites, you do so at your own risk.

To the fullest extent permitted by applicable law, you agree that neither Emeritus nor any of the Emeritus participants will be liable to you for any loss or damages, either actual or consequential, arising out of or relating to these terms of service, or your (or any third party’s) use of or inability to use the Site, or your placement of content on the Site, or your reliance upon information obtained from or through the Site, whether your claim is based in contract, tort, statutory or other law.

In particular, to the fullest extent permitted by applicable law, neither Emeritus nor any of the Emeritus participants will have any liability for any consequential, indirect, punitive, special, exemplary or incidental damages, whether foreseeable or unforeseeable and whether or not Emeritus or any of the Emeritus participants has been negligent or otherwise at fault (including, but not limited to, claims for defamation, errors, loss of profits, loss of data or interruption in availability of data).

You agree to defend, hold harmless, and indemnify Emeritus and the Emeritus participants, and their respective subsidiaries, affiliates, officers, faculty, students, fellows, governing board members, agents, and employees from and against any third-party claims, actions, or demands arising out of, resulting from or in any way related to your use of the Site, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature. In such a case, Emeritus or one of the Emeritus participants will provide you with written notice of such claim, suit, or action.

Termination rights; discontinuation of courses and content. You agree that Emeritus, in its sole discretion, may terminate your use of the Site or your participation in it, for any reason or no reason, upon notice to you. It is Emeritus’s policy to terminate in appropriate circumstances the accounts of users of the Site who are repeat copyright infringers. Emeritus and the Emeritus participants reserve the right at any time in their sole discretion to cancel, delay, reschedule or alter the format of any course offered through Emeritus, or to cease providing any part or all of the Site content or related services, and you agree that neither Emeritus nor any of the Emeritus participants will have any liability to you for such an action. If you no longer desire to participate in the Site, you may terminate your participation at any time. The rights granted to you hereunder will terminate upon any termination of your right to use the Site, but the other provisions of these TOS will survive any such termination.

Entire agreement. These TOS and the Privacy Policy together constitute the entire agreement between you and Emeritus with respect to your use of the Site, superseding any prior agreements between you and Emeritus regarding your use of the Site.

Waiver and severability of TOS. The failure of Emeritus to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of these TOS shall remain in full force and effect.

This user agreement will be governed by the laws of Singapore applicable to contracts made and performed there without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the courts sitting in Singapore and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Effective date: 05 January 2016