9 Customer's obligations
9.1 The Customer shall:-
9.1.1 co-operate with SMART MAJORITY in all matters relating to the provision of the Online Learning;
9.1.2 keep and maintain the Materials in good condition and in accordance with any instructions notified in writing to the Customer by SMART MAJORITY from time to time; and
9.1.3 not copy, dispose of, use, offer to sell, license or transfer the Materials (whether in whole or in part in any manner or form or in or on any media) other than in accordance with this Agreement or SMART MAJORITY's written instructions; and
9.1.4 retain all SMART MAJORITY course work for a period of 3 years from completion as work can be requested at any time to comply with quality assurance obligations.
9.2 If SMART MAJORITY's performance of its obligations under this Agreement is prevented or delayed by any act or omission of the Customer, SMART MAJORITY shall not be liable for any costs, charges or losses sustained or incurred by the Customer arising directly or indirectly from such prevention or delay.
10 Intellectual Property Rights
10.1 As between the Customer and SMART MAJORITY, all Intellectual Property Rights and all other rights in the Materials shall be owned by SMART MAJORITY.
10.2 In consideration of payment of the Fees, SMART MAJORITY grants the Customer the non-exclusive, non-transferable right to use and copy the Materials for his or her non-commercial private use and study. If this Agreement terminates, this licence shall automatically terminate.
11 Confidentiality
11.1 The Customer shall keep in strict confidence all Materials and any other confidential information concerning the SMART MAJORITY's business or its products which the Customer may obtain.
11.2 The Customer may disclose such confidential information as may be required by law, court order or any governmental or regulatory authority.
11.3 The Customer shall not use any confidential information obtained from SMART MAJORITY for any purpose other than for his/her personal use, including private study and External Examinations.
12 Data Protection
12.1 SMART MAJORITY will handle personal information in accordance with the terms of its privacy policy.
12.2 The Customer acknowledges and agrees that personal data will be processed by and on behalf of SMART MAJORITY in connection with the provision of the Online Learning.
13 SMART MAJORITY course transfer facility
13.1 If a Customer wishes to transfer to a different course offered by SMART MAJORITY, SMART MAJORITY may at its sole discretion agree to such transfer.
13.2 Unless the Customer is paying under a Credit Agreement, if SMART MAJORITY agrees that the Customer may transfer to a different course, SMART MAJORITY will transfer any fees paid to that date for the Online Learning that the Customer wishes to discontinue (the "Discontinued Online Learning") towards the amount payable for the new SMART MAJORITY course to which it has been agreed that the Customer may transfer PROVIDED THAT:-
13.2.1 SMART MAJORITY receives payment for the balance of the Fees if any due in respect of the new Online Learning (if more expensive than the Discontinued Online Learning); or
13.2.2 the appropriate transfer fee of has been paid to SMART MAJORITY to cover tuition and/or administrative costs;
13.3 In no circumstances is a course transferable if:
13.3.1 it is a Non-Transferable Course; or
13.3.2 once all course materials have been issued; or
13.3.3 after a period of 3 months from enrolment; or
13.3.4 within 6 months of completion of the course; or
13.3.5 account payment is in arrears
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