Terms and Conditions

1. Application of these terms and conditions

  • 1.1 These Terms and Conditions (T&Cs), including Our Privacy Policy, have been made accessible to You prior to Your registration in the Course to ensure that You have had the opportunity to read and understand them before proceeding with Your registration. These T&Cs represent the agreement between Us and You regarding the Course, which will become legally binding on both parties once You register for the Course.
  • 1.2 If you register additional participants in the Course You will ensure that (a) the additional participants have read and understood these T&Cs, Our Privacy Policy and Privacy Collection Notice; and (b) they comply with these T&Cs as if they themselves had directly registered in the Course.  You will remain directly responsible for the actions of any additional participants and acknowledge that if any additional participant fails to comply with these T&Cs We may revoke Your access, and any additional participants’ access, to the Course.

2. Registration

  • 2.1 You may need to register with Us, and a Platform, to access the Course.
  • 2.2 When You register and activate Your account, You will provide Us with personal information, such as Your name, email address, and mobile phone number. You must ensure that this information is accurate and current.
  • 2.3 We will handle all personal information We collect in accordance with Our Privacy Policy.
  • 2.4 When You register and activate Your account, We will provide You with a username and password. You are responsible for keeping these details secure and are responsible for all use and activity carried out with these details.
  • 2.5 You must be at least 18 years of age to create an account and possess the legal right and ability to enter into these T&Cs.

3. Privacy and collection of information

  • 3.1 We collect personal information about You in order to provide You with the Course and for purposes otherwise set out in Our Privacy Policy, Privacy Collection Notice, and Records Management Policy.
  • 3.2 We may disclose that information to third parties that help Us deliver the Course to You (including, for example only, providers and/or hosts of a Platform, information technology suppliers, communication suppliers and Our business partners) or as required by law. If You do not provide this information, We may not be able to provide everything We need to deliver the Course to You.
  • 3.3 Our Privacy Policy explains: (i) how We store and use, and how You may access and correct Your personal information; (ii) how You can lodge a complaint regarding the handling of Your personal information; and (iii) how We will handle any complaint. If You would like any further information about Our privacy policies or practices, please contact Us using the details specified in Our Privacy Policy.
  • 3.4 By providing Your personal information to Us, You consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy, the Privacy Collection Notice, and these T&Cs.

4. Course delivery

  • 4.1 We will deliver the Course to You with due care and skill, in accordance with these T&Cs, the Course Outline, and the Key Dates, subject to You meeting the Eligibility Criteria and complying with these T&Cs.
  • 4.2 We grant You a non-exclusive, non-transferable, revocable licence to the Course and Course Materials, subject to clauses 4.1 and 6.1(a).

5. Your representations and responsibilities

You acknowledge that You:

  • 5.1 have been accepted into this Course, subject to clauses 4.1 and 6.1(a), on the basis of the representations You have made to Us, including in Your Course registration;
  • 5.2 have provided Us with all relevant information to enable Us to provide the Course to You in accordance with these T&Cs and will continue to disclose any facts that would reasonably be considered relevant to Your registration in the Course;
  • 5.3 are responsible for ensuring Your access to the Course, including, for example only, internet, devices, and account registrations with any Platform;
  • 5.4 will not allow anyone to access the Course or Platform or use the Course Materials without Our prior written consent;
  • 5.5 will not use the Course or Course Materials for any unlawful purpose or in a manner that contravenes any applicable laws;
  • 5.6 will not post or transmit to Our website or any Platform any non-authorised material including, but not limited to, material that is reasonably considered as likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of any Platform, Our systems or third party systems;
  • 5.7 will not do any act that We would reasonably deem to be inappropriate, is unlawful, or is prohibited by any applicable laws, including but not limited to:
    1. any act that would constitute a breach of either privacy (including, for example only, uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
    2. engage in conduct that is likely to bring Us into disrepute, violates anyone else's intellectual property or privacy rights;
    3. creates a health or safety risk; promotes illegal drugs, violates export control laws, relates to illegal gambling or illegal drug trafficking, or encourages similar behaviour or misconduct; is unlawful, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, gives rise to civil liability, violates any law; or
    4. is otherwise inappropriate; any act that would constitute a breach of either privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
  • 5.8 understand that Your acceptance into the Course does not entitle You to any outcomes except for the Learning Outcomes, unless otherwise notified to You. All other warranties regarding fitness for a particular purpose are expressly excluded to the extent permitted by law.

6. Fees, cancellations, refunds, and suspensions

  • 6.1 Fees
    1. You agree to pay the Fees to Us prior to Us granting You access to the Course unless We specify or agree otherwise.
    2. You understand that if You fail to pay the Fees to Us in accordance with clause 6.1(a), We may take any action We consider appropriate, including, for example only, cancelling Your registration in the Course and/or pursuing You for recovery of the Fees.
    3. You acknowledge that Your participation in the Course may require You to incur expenses in addition to the Fees, including, for example only, flights, accommodation, and recommended reading materials, and agree that You are responsible for any such expenses.
  • 6.2 Cancellation and refunds
    1. Cancellations generally:
  • Each party agrees to act reasonably in exercising its rights under this clause 6.2.
  • You acknowledge and agree that We incur costs to provide You the Course, even before the Course has started, and that the refunds or Course transfers specified in 6.2(b) are fair and reasonable.
  • You may cancel Your registration in the Course at any time if You provide Us with written notice, which will take effect when We receive it.
  • If We receive Your notice referred to in clause 6.2(b)(i) prior to the Course start date you will be entitled to either transfer Your registration to a future Course with similar Learning Outcomes or receive a refund of Fees calculated in accordance with the below table:
  • Cancellations by You:

    Notice period*

    % Fees refunded

    28 days or more

    100%

    7-27 days

    50%

    6 days or less

    0%

    * no. of days prior to the date the Course starts

  • If We receive Your notice referred to in clause 6.2(b)(i) on or after the Course start date We may, in our absolute discretion and without any obligation to do so, transfer Your registration to a future Course with similar Learning Outcomes or provide a partial refund.
  • Nothing in this clause 6.2(b) is intended to exclude or limit any rights which You may have under the Competition and Consumer Act 2010 (Cth).
  • Cancellations by Us:
    1. We reserve the right to cancel the Course at any time and for any reason, including, for example only, where it does not meet the minimum enrolment numbers, or in the event of exceptional circumstances.
    2. In the event that We exercise Our rights under clause 6.2(c)(i) We will notify You of the alternatives We consider appropriate, including, for example only, different dates for delivery of the Course, registration in a Course with similar Learning Outcomes, or a full Refund of the Fees.
  • 6.3 Suspensions
  • We can suspend or restrict Your access to the Course if We consider it necessary and reasonable to do so, for example:

  • to protect, maintain or repair any part of the Course; or
  • where We consider that You are in breach of these T&Cs.
  • 6.4 Termination
  • You understand that, if you breach these T&Cs or fail to meet the Eligibility Criteria, We may take any action We consider reasonable in the circumstances, including, for example only, revoking Your registration in the Course and/or any achieved Learning Outcomes.

7. Disputes

Both parties agree to act in good faith to resolve any complaints, grievances, and disputes.

8. Third party hosts

  • 8.1 You may be required to use Platforms operated by third parties. Unless expressly stated otherwise, We do not endorse and are not responsible for the content on those linked Platforms and have no control over or rights.
  • 8.2 You must read the terms of use of any such Platform and notify Us if You do not agree to any such terms.

9. Intellectual property rights

  • 9.1 We (and/or Our third-party licensors) own (and will retain) all rights, title and interest (including all intellectual property rights) in the Course and the Course Materials.
  • 9.2 You will not remove, obscure or interfere with any copyright, acknowledgment, attribution, trade mark, warning, disclaimer statement, rights management information or serial numbers affixed to, incorporated in or otherwise applied in connection with the Course.

10. Non-commercial use

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, sell or otherwise use any Course Materials, software, products or services accessed in relation to this Course. You may not use the Course, or any Course Materials, to further any commercial purpose, including any advertising or advertising revenue generation activity on Your own website.

11. Definitions

In these T&Cs:

  • 12.1 Course Materials means any materials provided by or made available to You by Us in relation to the Course.
  • 12.2 Course means a product that is a short course that We have offered to You, including, for example only, a seminar, masterclass, short-term intensive, continuing professional development program, professional development session, or class, to enable You to achieve the Learning Outcomes.
  • 12.3 Course Outline means any material provided to You outlining the Course details and Learning Outcomes (if any).
  • 12.4 Eligibility Criteria means any criteria or requirements that You must meet in order to take part in the Course as specified in the Course overview or as otherwise notified to You by Us.
  • 12.5 Fees means the fees payable to Us for Your registration in the Course (and includes the Fees payable for any additional participants You register in the Course). All Fees are payable in Australian dollars ($AUD) and include GST, unless specified otherwise.
  • 12.6 Key Dates means the relevant period that You have been successfully registered to undertake the Course.
  • 12.7 Learning Outcome means any learning outcomes specifically identified by Us to You at the outset of the Course, including, for example only, a qualification or certificate.
  • 12.8 Platform means any website, application, software program, or platform that We nominate for You to access the Course, or Course Materials, including, for example only, Badgr and Canvas.
  • 12.9 Privacy Collection Notice means Our notice to You regarding the collection and use of Your personal information, available at: https://www.unimelb.edu.au/professional-development/privacy.
  • 12.10 Privacy Policy means Our policy regarding the collection and use of Your personal information, available at http://policy.unimelb.edu.au/MPF1104.
  • 12.11 Records Management Policy means Our policy regarding Our obligations to maintain accurate records, available at http://policy.unimelb.edu.au/MPF1106.
  • 12.12 Us or ‘Our’ or ‘We’ means the Melbourne School of Professional and Continuing Education (MSPACE) at the University of Melbourne.
  • 12.13 You or ‘Your’ means the person who has registered for the Course.