University of Technology Sydney

Short Courses – Terms and Conditions

1. Agreement

(a) The terms and conditions that apply to the provision of a Short Course provided to you by UTS are set out in this document (Terms and Conditions).

(b) By applying to enrol in a Short Course you accept and agree to the Terms and Conditions in this document.

2. Defined terms

In this document:

(a) Award Course means course types such as diplomas, degrees and doctorates approved by the UTS Academic Board from time to time.

(b) Course Information means the information about a particular course provided by UTS.

(c) Enterprise Learning Agreement means an agreement between UTS and an Organisation, under which UTS has agreed to develop or otherwise provide a Short Course to the Organisation’s personnel.

(d) Fees and Charges means any fees and charges UTS advises are to be paid by you or your Organisation on your behalf, pursuant to an Enterprise Learning Agreement, to enrol in a Short Course.

(e) Inherent Requirements means the core activities or tasks associated with the Short Course.

(f) Organisation means a business, company or other organisation with whom UTS has entered into an Enterprise Learning Agreement.

(g) Short Course means a short form of learning offered by UTS not recognised for credit in an Award Course (unless otherwise advised by UTS in its sole discretion) and includes courses known as tasters and microcredentials.

(h) UTS means the University of Technology Sydney (ABN: 77 257 686 961; CRICOS Provider No: 00099F).

(i) You means the person enrolled to undertake a Short Course under these Terms and Conditions.

3. Not a UTS student

(a) You will not be a UTS student as a result of enrolling and participating in a Short Course. Among other things, this means you will not be supplied with a UTS email address for communications with UTS and will not be entitled to access any benefits provided to UTS students (except as UTS permits in its absolute discretion from time to time). You will, however, be required to comply with all applicable laws and UTS policies.

(b) If you are a UTS student (as defined in the UTS Student Rules), enrolment in a Short Course will not impact your Award Course enrolment.

4. Your obligations

(a) By applying to enrol in a Short Course, you warrant, acknowledge and agree that you:

(i) fulfil all prerequisites (if any), as advised by UTS, for entry into the Short Course;

(ii) have read and understood the Course Information;

(iii) accept and understand that the Fees and Charges do not include equipment or materials required (except as otherwise specified by UTS), or any travel or other personal expenses incurred through participation in the Short Course;

(iv) are required to complete the Short Course in the timeframe advised by UTS;

(v) will undertake, attend and participate in any induction or training required by UTS from time to time (unless you have previously completed any such induction or training to the satisfaction of UTS);

(vi) are satisfied that you will be able to undertake the Inherent Requirements of the Short Course;

(vii) will provide an appropriate email address to UTS to be used for communications, which you will check regularly for communications from UTS and acknowledge that UTS will correspond with you by email and you will notify UTS of any changes to your email address;

(viii) will provide truthful, accurate and complete information to UTS at all times;

(ix) will pay for the repair or replacement of any UTS equipment and facilities damaged or lost while in your possession or use;

(x) will behave with honesty, integrity and respect while participating in the Short Course, and in all dealings with UTS and its staff, students, other participants in the Short Course and the general public; and

(xi) will maintain a satisfactory standard of academic integrity in the participation in, and completion of, any Short Course undertaken by you.

(b) If you commit a breach of the obligations in subclause (a) above then you will rectify that breach as soon as possible. If you fail to do so:

(i) UTS may suspend or cancel your enrolment in a Short Course;

(ii) you may be suspended from UTS permanently or for a period of time which, if you are enrolled in an Award Course, may impact on that enrolment;

(iii) you may not be permitted to enrol in any future Short Course or Award Course;

(iv) you may be subject to other reasonable disciplinary action determined by UTS; or

(v) if an award or certificate has been awarded to you for the Short Course to which the breach relates, UTS may withdraw or cancel the award or certificate.

5. Certificate

UTS will usually provide you with a certificate of attendance at the conclusion of the Short Course undertaken on-campus provided you have met all the necessary attendance requirements for successful completion of the Short Course as determined by UTS. Short Courses undertaken online will be digitally credentialed if appropriate.

 

6. Particular arrangements for certain courses

6.1 Assessment

You may be required to undertake assessments as part of a Short Course. If you are enrolled in a Short Course for which a microcredential may be awarded, the following conditions will also apply:

(a) you must successfully complete assessments in order to be awarded a microcredential;

(b) if you choose not to complete assessments, or do not successfully complete the assessments, you will be awarded a certificate of participation;

(c) if you have chosen not to undertake assessment, and subsequently decide to complete the assessment, or if you have failed the assessment, and subsequently re-attempt the assessment, you may do so:

(i) for an additional fee; and

(ii) within 12 months after course completion.

6.2 Recognition of prior learning

Completion of a Short Course will not be recognised by UTS for credit towards a UTS Award Course for any purpose or for facilitating entry to an Award Course, unless UTS decides otherwise in its sole discretion, at the time you seek to enrol in an Award Course. In exercising its discretion, UTS will have regard to matters it considers relevant, such as when the Short Course was completed and its relevance to the Award Course.

 

7. Enrolment and Payment

You are required to enrol in the Short Course online. Once you have enrolled in the Short Course you will be required to pay the Fees and Charges for the Short Course. If there is an Enterprise Learning Agreement between UTS and your Organisation which applies to you, the Fees and Charges will be payable in accordance with that agreement.  Your enrolment is not complete and your position in the Short Course is not secure until you have paid the Fees and Charges in full in cleared funds. UTS can suspend your participation in the Short Course and/or withdraw or withhold any award or certificate issued for a Short Course if you or your Organisation, as applicable, has not paid the Fees and Charges for that course by the due date stated. You, or your Organisation, as applicable, will reimburse UTS for any dishonour fees it may incur.

 

8. Refunds

(a) Unless otherwise set out in subclause (c) of this clause, notice of withdrawal or cancellation of participation in a Short Course or must be provided to support@open.uts.edu.au. If the written notice is received by UTS:

(i) more than 10 business days prior to the Short Course commencement date, 100% of the Fees and Charges already paid by you to UTS will be refunded; and

(ii) less than 10 business days prior to the Short Course commencement date, no refund of the Fees and Charges will be given.

(b) Where a Short Course is provided to you pursuant to an Enterprise Learning Agreement, the refund arrangements set out at subclause (a) of this clause may not apply. In these circumstances:

(i) the details of any refund arrangements will be specified in the Enterprise Learning Agreement (Specific Refund Arrangements);

(ii) the Specific Refund Arrangements will apply to the extent of any inconsistency with subclause (a) of this clause; and

(iii) if no Specific Refund Arrangements are provided, subclause (a) of this clause will apply.

(c) UTS reserves the right to re-schedule a Short Course at its discretion due to unexpected circumstances arising. In these circumstances, UTS will endeavour to reschedule the Short Course as soon as possible, but in any event within 2 months of the original date of commencement. In the event that UTS does so and you are unable to attend the rescheduled Short Course then you, or your Organisation, as applicable, may elect to:

(i) transfer into the next scheduled Short Course of the same description, provided there are places available; or

(ii) receive a full refund of the Fees and Charges already paid.

(d) If you do not complete the Short Course in the time period prescribed by UTS for completion, extended if the circumstances in subclause (b) apply, your enrolment in that Course will expire and there will be no refund of the Fees and Charges.

(e) If you have enrolled in a Short Course that you no longer wish to attend, at UTS' sole discretion and, with your Organisation’s prior consent, if applicable, you may within 10 days of the Short Course commencement date, transfer your enrolment to another Short Course provided there are places available and you meet any pre-requisites and other obligations required for participation. If there is a difference in the Fees and Charges any surplus will be refunded to you or your Organisation, as applicable, and any deficit will be payable by you or your Organisation, as applicable.

9. Cancellation by UTS

(a) UTS reserves the right to cancel a Short Course at any time, in its absolute discretion due to unexpected circumstances arising.

(b) UTS will provide you with as much notice as possible of the cancellation of any Short Course.

(c) In the event of a cancellation, you, or your Organisation, as applicable, may elect to

(i) transfer into the next scheduled Short Course of the same description, provided there are places available; or

(ii) receive a full refund of the Fees and Charges already paid.

(d) To the extent permitted by law, UTS will not be liable for any costs, expenses or losses incurred by you arising out of, or related to, the cancellation of a Short Course.

 

10. Warranties

You warrant that:

(a) you have read, understood and will comply with these Terms and Conditions;

(b) UTS has not made any promise, representation or inducement or been a party to any conduct material to you agreeing to the Terms and Conditions;

(c) by providing the Short Course to you, UTS will not be in breach of the Autonomous Sanctions Act 2011 (Cth), Charter of the United Nations Act 1945 (Cth) or related regulations and determinations;

(d) you will comply with all applicable laws, the UTS Act, UTS By-Law and applicable UTS policies during and after completion of the Short Course; and

you are aware UTS is relying on these warranties.

11. Privacy

You agree that the provisions regarding privacy set out in the UTS Open Privacy Notice apply to this agreement.

 

12. Intellectual Property

(a) Course materials may be provided to you as part of undertaking a Short Course (Course Materials).

(b) The content of the Course Materials and all right, title and interest (including intellectual property rights) contained therein, vest in and remain the property of UTS, its licensors and any nominated third party (as noted on the Course Materials) at all times.

(c) You must not reproduce or communicate any part of the Course Materials or assessments (where applicable) in any manner without the prior written consent of UTS, which UTS may give or withhold in its absolute discretion.

 

13. Complaints

(a) While you are not a UTS student as a result of enrolment in a Short Course, any complaint about a Short Course should be raised and will be dealt with in accordance with the Student Complaint Policy and Student Complaints Management Procedures (as amended or replaced from time to time).

(b) While you are not a UTS student as a result of enrolment in a Short Course, academic and non-academic misconduct will be managed in line with the arrangements and principles in section 16, Student Rules (as amended from time to time), regardless of whether you are still enrolled or participating in the Course.

(c) Penalties for academic and non-academic misconduct are set out in section 16 of the Student Rules.

 

14. Policies

(a) It is a condition of your enrolment and participation in a Short Course that you comply with the following UTS policies and procedures:

(i) UTS Information Technology Security Vice-Chancellor's Directive; and

(ii) UTS Privacy Policy.

(b) For the purposes of this Agreement, references to 'student' in these policies are taken to be a reference to you.

 

15. Sanctions

UTS reserves the right to refuse to provide a Short Course to you where the provision of the Short Course may be a breach of the Autonomous Sanctions Act 2011 (Cth), Charter of the United Nations Act 1945 (Cth) or related regulations and determinations.

 

16. General

(a) To the extent of any inconsistency between the terms of this agreement and the terms and conditions which specifically relate to a particular Short Course, as communicated to you by UTS (Specific Terms), the Specific Terms will prevail.

(b) To the extent permitted by law, UTS will not be liable for any costs, expenses or losses incurred by you arising out of, or related to, your enrolment or participation in a Short Course.

(c) These Terms and Conditions may be altered, varied or replaced by UTS from time to time, in its sole discretion. UTS will give you 7 days' notice of any such alteration, variation or replacement, at which time you will have 14 days to notify UTS of your intention to terminate this agreement and, if you have not yet attended your Short Course, you or your Organisation, as applicable, will receive a receive a full refund of the Fees and Charges paid.

(d) These Terms and Conditions are governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the Courts of New South Wales.

                                            

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