Participant agreement
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Short Course Offering Participant Agreement
1. Participant Agreement
The following terms and conditions constitute the agreement between the Participant and UNSW for the provision of a Course (“Agreement”).
1.1 Accepting this Agreement
By paying the Fees and Charges to enrol in a Course, the Participant hereby accepts the terms and conditions of this Agreement.
1.2 Privacy
The Participant consents to the collection, use, storage and disclosure of his or her personal information in accordance with applicable Australian laws. Personal information is collected by UNSW for the purpose of processing the Participant’s application for enrolment in a Course. It will also be used by UNSW for general administration and to communicate with the Participant regarding matters that may be of interest to the Participant (including other courses offered by UNSW). While the provision of personal information to UNSW is voluntary, if the Participant does not provide all or any of the personal information requested it may delay or prevent the processing of his or her application for enrolment in a course. Personal information collected by UNSW will be stored securely. A Participant may access or correct any personal information provided by contacting UNSW. UNSW will provide access or correct the personal information within a reasonable period of receipt of the request.
2. Participant’s Obligations
2.1 By accepting this Agreement the Participant acknowledges and agrees that they:
a. fulfil all entry requirements advised by UNSW and have access to the required equipment, as specified in the course information for the Course;
b. have provided all requested information to UNSW and that information is accurate, complete and up to date;
c. understand and accept the Fees and Charges published by UNSW and will pay all Fees and Charges for the Course;
d. understand that there is a set period of time in which to complete the Course and if the Participant requires further study and/or assessment time an additional cost may be
charged;
e. will comply with any applicable UNSW policies, by-laws, rules and procedures as published on the UNSW website and advised by UNSW;
f. will behave with honesty and integrity and show courtesy, consideration and respect for others;
g. will attend all classes and complete all learning material including participating fully in group work where required;
h. will refrain from using derogatory, discriminatory or abusive pictures or language in emails, social media, online chat rooms, forums or any interactions with UNSW staff; and
i. must not behave in a manner that is prejudicial to the interests or reputation of UNSW.
2.2 If a Course is provided on UNSW premises, you must ensure that, while on UNSW premises, you comply with all lawful and reasonable directions given by UNSW or by its personnel
concerning:
a. the security and the health and safety of any person;
b. the use of any equipment, materials or facilities; and the use of any computer, electronic or telecommunications device, software, databases or on-line services.
3. Participant Acknowledgment
3.1 By accepting this Agreement the Participant acknowledges:
a. Course resources will only be accessible during the period of Participant’s enrolment in the Course.
b. Participants are responsible for checking learner/course guide to clarify any specific Course requirements, for example, the Participant will require reliable internet and computer
access, and whether any particular software is required for the delivery of the Course. These will be provided at the Participant’s own expense.
c. Fees and Charges do not include:
- any materials that are listed or optional to the Course; or
- travel or other personal costs associated with undertaking the Course.
d. It is the Participant’s responsibility to inform UNSW in writing of any corrections or changes to relevant personal details including name, residential or postal address, email
address or phone numbers.
4. UNSW Obligations
4.1 Under this Agreement, UNSW agrees to:
a. supply the Participant with course materials for the Course;
b. provide the Participant with access to learning and administrative support related to the Course; and
c. on successful completion of the full payment of the Course Fees and Charges and the Course, issue the Participant an appropriate statement of achievement for the Course.
4.2 UNSW may make changes to the Course as reasonably required from time to time. UNSW may also make reasonable changes to the Fees and Charges. UNSW will provide as
much notice as practicable of all changes. UNSW has the right to refund the Participant for any Fees and Charges already paid and not provide the Course to the
Participant if the Participant does not accept the changes to the Fees and Charges.
5. Paying Course Fees and Charges
5.1 If the Participant fails to pay the Fees and Charges by any applicable due date, UNSW reserves the right to:
a. withhold provision of the Course and related materials;
b. restrict access to systems used for delivering the Course; and
c. offer the Participant’s place on the Course to another participant (where spaces are limited for a Course).
6. Course Duration and Extensions
6.1 The maximum duration of the Course is specified on the UNSW website. In the event that the Participant does not complete the Course within the maximum duration, the Participant’s
enrolment will expire and no refund of the Fees and Charges will be made.
7. Cancellations, Transfers and Substitutions by the Participant
7.1 A Participant who wishes to cancel his or her enrolment in a Course must provide written notice to UNSW in which case the following terms and conditions apply:
a. If written notice is received by UNSW more than 10 Working Days prior to the Course commencement date 80% of the Fees and Charges will be refunded or, upon request, the
Participant may be provided with a credit note for 100% of the Fees and Charges (the credit note will be valid for 12 months for use towards another UNSW course).
b. If written notice is received by UNSW less than 10 Working Days prior to the Course Commencement Date 50% of the Fees and Charges will be refunded.
c. No refund of the Fees and Charges will be made if written notice is received on or after the Course Commencement Date or in the case of the Participant’s non- attendance at the
Course.
7.2 Participants may transfer their registration in a Course to the same course with a differing commencement date (‘New Course’) as follows:
a. Written notice must be provided to the named Course convener at UNSW prior to the Course Commencement Date.
b. The New Course must be the same and have equivalent Fees and Charges.
c. A Participant may only transfer Course registration once and only if:
i. the Fees and Charges have already been paid in full; and
ii. there are unfilled places in either the New Course or the next scheduled session of the New Course.
d. No refund of the Fees and Charges will be made if the Participant subsequently withdraws from the New Course.
7.3 Participants may substitute another Participant to attend the Course in the Participant’s place as follows:
a. the Participant must provide written notice to UNSW more than 5 Working Days before the Course Commencement Date;
b. the Participant must pay an administration fee of $150.00;
c. the new Participant must meet any eligibility criteria for the Course;
d. the new Participant must accept the terms and conditions of this Agreement; and
e. Participants are not able to substitute another Participant in the case of the original substitute Participant’s non-attendance at the Course.
7.4 Cancellation by UNSW
UNSW reserves the right to cancel a Course at any time and for any reason. If cancellation occurs, UNSW will provide Participants as much notice as practicable. Participants will be given the opportunity to transfer, with no additional cost, to the next scheduled offering of the Course, provided places exist. UNSW will provide either a full refund of the Fees & Charges or a credit note for 100% of the Fees and Charges (credit note will be valid for 12 months) if:
a. there are no places available in the next Course; or
b. the Participant so requests.
To the extent permitted by law, UNSW shall not be liable for any costs or expenses incurred by the Participant which arise out of, or are related to, the cancellation of a Course.
8. Other Terms
8.1 The physical Course materials (if any) provided to Participants shall become the Participant’s property. However, 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 UNSW, its licensors or any nominated third party (as noted on the materials) at all times.
Participants must not reproduce or communicate any part of the Course materials or assessments in any manner without the prior written consent of UNSW.
8.2 To the extent permitted by law UNSW does not accept responsibility for, and expressly excludes liability for, any loss or damage to client property that occurs while participating in a
Course however such loss or damage is caused.
8.3 UNSW may capture images and likenesses of the Participant participating in the course in the form of photographs or audio-visual material which may then be used by UNSW for
marketing and promotional purposes without the payment of any fee or other compensation to the Participant. The Participant may give written notice to UNSW to opt-out of having
their images and likenesses captured or used in this manner prior to the Course Commencement Date.
8.4 Any written notice to UNSW in relation to this Agreement must be made to the following address or email:
Address: Unisearch
Level 2, South Wing, Rupert Myers Building
Gate 14, Barker Street
UNSW Sydney NSW 2052
Email: experts@unisearch.com.au
8.5 This Agreement is governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales and of the Commonwealth of
Australia.
9. Definitions
In these terms and conditions:
a. “Act” means the Copyright Act 1968 (Cth).
b. “Course” means the short course offered by UNSW in which the Participant has chosen to enrol.
c. “Commencement Date” means the date a Course is scheduled by UNSW to commence and which the Participant has enrolled in.
d. “Contract” means the contract between UNSW and the Participant in respect of a Participant’s participation in a Course and comprises any application form completed by the
Participant in hard copy or online and this Agreement.
e. “Fees and Charges” means all fees and charges specified as being payable by the Participant to UNSW in consideration for the Participant participating in a Course which are inclusive
of GST.
f. “GST” means any goods and services tax, value added tax or sales tax imposed on the sale or supply of goods, services and rights, including a tax imposed by the GST Act.
g. “GST Act” means the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
h. "Participant” means an individual who has applied to participate in a Course and whom UNSW has agreed to admit to the Course.
i. “UNSW” means the University of New South Wales (ABN 57 179 195 873).
j. “Working Days” means Mondays to Fridays which are not public holidays in NSW.
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