1. Agreement
(a) This agreement consists of the Program application form and these terms and conditions. It becomes binding when we process your Program application.
(b) The Program application form prevails if there is any inconsistency within this agreement.
(c) If you are not the participant in the Program:
(i) you must ensure that the participant whose Program Fee you are paying (Participant) and any substitute complies with the terms of this agreement; and
(ii) references to ‘you’ includes the Participant and any substitute.
2. Fees
(a) You must pay the Program Fee in accordance with our invoice.
(b) You may not participate in the Program until you have paid the Program Fee in full.
(c) If you have not paid the Program Fee in full, we may exclude you from:
(i) participating in the Program; and
(ii) accessing or using any of our facilities.
3. Changes to Program enrolment
(a) You may do any of the following once up to 28 days prior to the Program Commencement Date without incurring any additional fee (unless you are transferring to a different program which is more expensive):
(i) nominate a substitute to attend the Program in your place pursuant to clause 4;
(ii) transfer from one Program to another, or to the next scheduled session of the Program pursuant to clause 5; or
(iii) cancel your participation in the Program pursuant to clause 6.
(b) You may not take any action in clause 3(a) more than once without our written consent. We can withhold our consent or impose conditions on our consent.
c) We can charge you fees for changes to Program enrolment in accordance with the below.
In Person and Virtual Programs
| Days before the Program Commencement Date (excluding that date) | Substitution | Transfer to new cohort of same Program | Transfer to different Program | Cancellation | Refund |
|---|---|---|---|---|---|
28 days or more | No charge | No charge | You must pay the difference if you are transferring to more expensive Program. If you are transferring to a cheaper Program, you will receive the difference as a refund or credit at your election. | No charge | We will provide a full refund or credit at your election. |
| 14 – 27 days | No charge | No charge | You must pay the difference if you are transferring to more expensive Program. If you are transferring to a cheaper Program, you will receive the difference as a refund or credit at your election. | 25% of the Program Fee, plus a $200 non-refundable admin fee. | We will provide a partial refund or credit at your election. |
7-13 days | No charge | $200 non-refundable admin fee | $200 non-refundable admin fee. Additionally, you must pay the difference if you are transferring to more expensive Program. If you are transferring to a cheaper Program, you will receive the difference as a refund or credit at your election. | 100% of the Program Fee | We will provide a partial refund or credit at your election. |
0-6 days | Not allowed | $200 non-refundable admin fee | $200 non-refundable admin fee. Additionally, you must pay the difference if you are transferring to more expensive Program. If you are transferring to a cheaper Program, you will receive the difference as a refund or credit at your election. | 100% of the Program Fee | We will provide a partial refund or credit at your election. |
Self-paced Programs
| Days before the Program Commencement Date (excluding that date) | Substitution | Transfer | Cancellation | Refund |
|---|---|---|---|---|
If you have not commenced onboarding or the Program | Allowed with at least 7 days’ notice. | Allowed. The transfer terms in clause 3(c) will apply based on the number of days' notice you have given us. | No refund | No refund |
| If you have commenced any portion of the Program including onboarding | Not allowed | Not allowed | No refund | No refund |
4. Substitution
(a) You may nominate a substitute to attend the Program in your place by submitting a written request to us at least 7 days before the Program Commencement Date. The proposed substitute must have qualifications and experience at least comparable to yours and will be subject to the same selection criteria and process that applied to you. If we approve the substitution in accordance with our standard processes, and the proposed substitute agrees to take your place, we will transfer the registration to the substitute. Upon transfer of the registration, the substitute will be bound by this agreement in your place.
(b) Even if you provide us with the requisite notice, we may reject your substitution request if, in our reasonable opinion, there is insufficient time for:
(i) us to complete the selection process; or
(ii) the proposed substitute to complete any required pre-Program preparation.
(c) If we reject the substitution request and you are unable to proceed with the Program as scheduled, we may cancel your enrolment. If this occurs, the cancellation terms in clause 3(c) will apply based on the number of days’ notice you have given us.
5. Transfers
(a) You may request to transfer from one Program to another, or to the next scheduled session of the Program by providing written notice to us.
(b) We will only consider a transfer request if:
(i) you have paid the Program Fee in full; and
(ii) there are spaces available in the Program to which you wish to transfer.
(c) The transfer terms in clause 3(c) will apply based on the number of days’ notice you have given us.
6. Cancellation
(a) You may cancel your participation in the Program by written notice to us.
(b) The cancellation terms in clause 3(c) will apply based on the number of days’ notice you have given us.
(c) We reserve the right to cancel any Program. If we do, we will use reasonable endeavours to give you as much notice as possible.
(d) If we cancel your Program, you may:
(i) transfer, at no additional cost, to the next scheduled session of the Program, or to a later equivalent Program (if any) provided there are spaces available; or
(ii) seek a refund of any fees already paid in respect of that Program.
7. Termination
(a) We can end this agreement immediately if:
(i) you fail to pay any sum due and owing to us in connection with the Program within 14 days of the payment due date; or
(ii) you breach any UNSW policy that applies to you during the Program, including the Code of Conduct and Values available at: https://www.unsw.edu.au/governance/policy/browse-a-z.
(b) If we end this agreement:
(i) we can require you to stop participating in the Program and leave our premises immediately; and
(ii) you must immediately return any of our property in your possession, custody or control.
8. Your obligations
You must:
(a) comply with all applicable laws and UNSW policies. This includes acting with honesty, integrity and respect;
(b) prepare for the Program in accordance with our requirements. This includes completing a 360-degree survey;
(c) attend all classes, lectures, tutorials and other activities which form part of the Program, except in cases of illness, injury, or other reasons approved by us in advance of your absence, and provided that you notify us as soon as possible of any such absence;
(d) participate fully in group work where required;
(e) be adequately prepared for any off-campus activity you may be required to undertake as part of the Program, such as morning exercises;
(f) abide by any special conditions relating to the Program that we notify you about;
(g) respect the confidentiality of all confidential information that you acquire during the Program; and
(h) comply with all other rules or processes we tell you about from time to time.
9. Amendments to the Program
(a) We will make all reasonable efforts to deliver the Program as described in our borchure and website.
(b) If we make substantial amendments to the Program, we will provide you with as much notice as possible and give you an opportunity to transfer to a different Program or withdraw from the Program without charge.
10. Learning support
(a) We will provide you with learning support, IT support and other facilities to facilitate your participation in the Program.
(b) The level of support we provide you will be determined by the Dean of Lifelong Learning or their delegate from time to time.
11. Scholarships for charities
(a) We provide scholarships for a range of Open Programs to encourage the development of executives and managers in charities and not-for-profit organisations. Scholarships are awarded based on merit. This includes an assessment of the applicant’s management experience, management potential and potential to influence the charity or organisation's future performance.
(b) The award of scholarships for Open Programs will be determined in the absolute discretion of the Dean of Lifelong Learning or their delegate.
(c) Only one scholarship per organisation is available in any given year. To apply for a scholarship, please contact the UNSW short courses client services team on +612 9385 0330.
12. Disclaimers
You are responsible for your personal property while participating in a Program. Personal property should not be left unattended at any time. We do not accept liability for any loss or damage to your property.
13. Notices
(a) A notice must be:
(i) in writing, in English and signed by a person properly authorised by the sender;
(ii) sent to the recipient’s address for notices, which is:
(A) in your case, the address noted on your Program application form; and
(B) in our case, AGSM at the UNSW Business School, G20 Ground Floor, AGSM building, Gate 11 Botany Street, UNSW Sydney 2052, to the attention of the UNSW short courses office; and
(iii) hand delivered or sent by prepaid express post, reputable courier service or email.
(b) A notice given under clause 13(a) is taken to be received as follows:
| Sent by | Deemed received |
|---|---|
| Hand delivered | On delivery. |
Express post | Two Business Days after posting. |
| Courier | On signed acknowledgment of receipt. |
| When the sender’s system confirms the email has been sent through, and no error message comes back. |
(c) Notice received on a day that is not a Business Day (or after 5pm on a Business Day), is taken to be received at 9am on the next Business Day.
14. General
(a) In this agreement:
(i) words include the singular and plural;
(ii) includes” and “including” mean “including but not limited to”;
(iii) a person includes a partnership, a joint venture, an unincorporated association, a corporation and a government or statutory body or authority;
(iv) a party includes the party's legal personal representatives, successors, assigns and parties substituted by novation;
(v) $ or dollars means Australian dollars unless stated otherwise; and
(vi) a party will not be disadvantaged in interpreting a clause just because they wrote, proposed or would benefit from it.
(b) Subject to clause 4, a party must not assign, novate, or otherwise deal with this agreement without the written consent of the other party.
(c) If a party does not require performance of an obligation under this agreement by the other party, it will not operate as a waiver of the obligation. The other party remains liable to perform all its obligations under this agreement. A waiver must be in writing.
(d) This agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this agreement. It supersedes any prior agreement or understanding on anything connected with that subject matter.
(e) The terms of this agreement are severable. Any term of this agreement that is wholly or partially unenforceable, unlawful or void is severed to the extent that it is unenforceable, unlawful or void. The rest of this agreement remains in force.
(f) This agreement is governed by the laws of New South Wales. The parties submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
15. Definitions
In this agreement:
Business Day means a day other than a Saturday, Sunday or public holiday in New South Wales.
Commencement Date in relation to a Program means the date that the Program is scheduled to commence.
GST means the tax imposed under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and related tax imposition Acts of the Commonwealth of Australia.
Open Program means a course we offer which is open to an individual or a group of individuals.
Program means an Open Program.
Program Fee means the fee payable by you for a Program inclusive of GST.
you or your means the person named as the invoicee on the Program application form, or if no invoicee is specified, the Participant.
we, us or our means the University of New South Wales.