University of Technology Sydney
UTS Open Courses and Products – Terms and Conditions
1. Agreement
(a) The terms and conditions that apply to the provision of UTS Open Courses and Products provided to you by UTS are set out in this document (Terms and Conditions).
(b) By purchasing, enrolling or applying to enrol in a UTS Open Course or Product 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.
(b) Course Information means the information about a particular UTS Open course provided by UTS.
(c) Enterprise Learning means a contractual agreement between UTS and an Organisation, under which UTS has agreed to develop or otherwise provide a UTS Open Course or Product.
(d) Fees and Charges means any fees and charges UTS advises are to be paid by you or by a group or your Organisation on your behalf, including fees and charges pursuant to a group enrolment or Enterprise Learning Agreement, to purchase a UTS Open Course or Product.
(e) Key Requirements means the core activities or tasks associated with the UTS Open Course or Product.
(f) Microcredential means a course that aligns with a subject of an equivalent volume of learning that forms part of a UTS award course structure. Microcredentials include formal assessment and may qualify for recognition of prior learning in award degrees at UTS and other institutions. Successful completion of a Microcredential usually earns a Microcredential Certificate and a Microcredential Digital Badge.
(g) Organisation means a business, company, government entity or any other organisation.
(h) Product or UTS Open Product means an item purchased by you from UTS through UTS Open.
(i) Short Course means a course that may or may not include formal assessment and does not align with award course subjects. Successful completion of a Short Course usually earns a Short Course Certificate and a Short Course Digital Badge. Short Courses are not typically recognised for credit in an Award Course, unless otherwise advised by UTS in its sole discretion.
(j) Free Courses refer to a type of free, self-paced online course.
(k) Track Program means a program within a suite of programs offered by UTS through UTS Open to individuals and Organisations to assist with analysing skills and capabilities for different purposes. This currently includes the programs known as “Future Track”, “Track Learner” and “Track Explorer”, as further described on UTS Open.
(l) UTS means the University of Technology Sydney (ABN: 77 257 686 961; CRICOS Provider No: 00099F).
(m) UTS Open means the platform to access a UTS Open Course or a Product, currently located at: https://open.uts.edu.au/.
(n) UTS Open Course means:
(i) a short form of learning offered by UTS via UTS Open which includes Microcredentials, Short Courses and Free Courses; or
(ii) a Track Program.
(o) You or you means the person enrolled in and/or purchasing a UTS Open Course or Product under these Terms and Conditions.
3. Not a UTS student
(a) You will not be a UTS student as a result of purchasing, enrolling or participating in a UTS Open Course or Product. 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 must comply with all applicable Australian laws and UTS policies, including but not limited to those related to student conduct and academic integrity.
(b) If You are already a UTS student (as defined in the UTS Student Rules), enrolment in a UTS Open Course or purchase of a UTS Open Product will not impact your Award Course enrolment.
4. Your obligations
(a) By applying to enrol in, enrolling in or purchasing, a UTS Open Course or Product, You acknowledge and agree that You:
i. fulfil all mandatory requirements (if any), as advised by UTS, for entry into the UTS Open Course or purchase of the Product;
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 UTS Open Course;
iv. are required to complete the UTS Open 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 Key Requirements of the UTS Open Course;
vii. will provide an appropriate email address to UTS to be used for communication between UTS and yourself, which You will check regularly for communications from UTS 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. consent to your personal information being disclosed, in accordance with the UTS Open Privacy Notice, to check enrolment requirements if applicable, or validate your entitlement to a discount voucher if one is used to purchase a UTS Open Course or Product;
xi. will behave with honesty, integrity and respect while participating in the UTS Open Course, and in all dealings with UTS and its staff, students, other participants in the UTS Open Course and the general public;
xii. will maintain a satisfactory standard of academic integrity in the participation in, and completion of, any UTS Open Course undertaken by You; and,
xiii. will comply with all lawful directions of the course facilitator or UTS personnel (e.g. covid-19 mask wearing requirements etc.)
(b) If You are under 18 years of age when You commence a UTS Open Course, You must:
i. obtain parental or guardian written consent to participate in the UTS Open Course and provide the written consent to UTS on request; and
ii. comply with any age restrictions imposed by UTS or as required by law in relation to activities undertaken as part of the UTS Open Course.
(c) If You commit a breach of any of the obligations in subclause (a) above then if possible You must rectify that breach as soon as possible.
(d) If You commit a breach of any of the obligations in subclause (a) above then the following may apply:
(i) UTS may suspend or cancel your enrolment in a UTS Open 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 or purchase any future UTS Open Course or Award Course;
(iv) You may be subject to other reasonable disciplinary action determined by UTS; or
(v) if a certificate and a digital badge have been awarded to You for the UTS Open Course to which the breach relates, UTS may withdraw or revoke the certificate and digital badge.
(e) You agree that UTS has not made any promise, representation or inducement or been a party to any conduct that was material to You agreeing to the Terms and Conditions.
5. Certificates and Digital Badges
UTS usually provides the following certificates and digital badges, depending on the type of UTS Open Course undertaken, and whether there is any specific group enrolment or Enterprise Learning arrangement in place with respect to certificates and digital badges:
a) Microcredential Certificate and Microcredential Digital Badge, following the successful completion of the relevant assessment requirements and attainment of learning outcomes of the Microcredential.
b) Short Course Certificate and Short Course Digital Badge, following the successful completion of any necessary tasks or assessments to demonstrate acquired learning of the Short Course or for meeting attendance and/or participation requirements.
UTS does not issue certificates or digital badges for free courses or for participation in a Track Program.
6. Particular arrangements for certain courses
6.1 Assessment
You may be required to undertake assessments as part of a UTS Open Course. If You are enrolled in a Microcredential, then You must successfully complete all assessments to the required level and within the designated timeframes in order to be awarded a Microcredential Certificate and a Microcredential Digital Badge;
6.2 Recognition of prior learning
Successful completion of a Microcredential may qualify You for recognition of prior learning towards future UTS postgraduate study.
7. Enrolment and Payment
(a) Payment in full is required before commencement of any UTS Open Course, or before You take possession of any UTS Open Product.
(b) If You choose the ‘Pay by Invoice’ option at the checkout, then You are agreeing to purchase a UTS Open Course or Product and payment is due in full.
(c) Enrolment in UTS Open Courses occurs online. Enrolment may be actioned directly by You, or actioned on your behalf if a group enrolment or Enterprise Learning agreement is in place. Once You are enrolled in a UTS Open Course, the Fees and Charges for the UTS Open Course or Product are required to be paid. If there is a group enrolment or Enterprise Learning agreement applicable to You, the Fees and Charges will be payable in accordance with that agreement. Aside from a group enrolment or Enterprise Learning agreement, your enrolment is not complete and your position in the UTS Open Course is not secure until UTS has received and cleared payment in full. UTS can suspend your participation in the UTS Open Course and/or withdraw or withhold any award or certificate and digital badge issued for a UTS Open 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 UTS Open Course must be provided to support@open.uts.edu.au, irrespective of whether the “Pay by invoice” option has been made. If the written notice is received by UTS:
(i) more than 20 business days prior to the UTS Open Course commencement date, 100% of the Fees and Charges already paid to UTS by You or on your behalf will be refunded less any non-refundable fees and expenses already incurred by UTS in relation to your participation in the course. If You chose the ‘Pay by Invoice’ option, and the invoice has not been paid yet, then the invoice will be cancelled. You, or your Organisation, will still be liable for any non-refundable fees and expenses already incurred by UTS in relation to your participation in the course;
(ii) between 10 and 20 business days prior to the UTS Open Course commencement date, 50% of the Fees and Charges already paid to UTS by You or on your behalf will be refunded less any non-refundable fees for participation in the course. If You chose the ‘Pay by Invoice’ option, and the invoice has not been paid yet, then You, or your Organisation, will still be liable for 50% of the invoiced amount, as well as any non-refundable fees and expenses already incurred by UTS in relation to your participation in the course;
(iii) less than 10 business days prior to the UTS Open Course commencement date, no refund of the Fees and Charges will be given. If You chose the ‘Pay by Invoice’ option, and the invoice has not been paid yet, then then You, or your Organisation, will still be liable for 100% of the invoice amount;
(iv) no refund is available for UTS Open Courses which are “start-anytime” once access has been given to the course materials.
(b) Where a UTS Open Course is provided to You pursuant to a group enrolment or 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 group enrolment or 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) If You do not complete the UTS Open Course in the time period prescribed by UTS for completion, including any UTS approved extensions, your enrolment in that UTS Open Course will expire and there will be no refund of the Fees and Charges.
(d) If You are enrolled in a UTS Open Course that You no longer wish to attend, at UTS' sole discretion and, with your Organisation’s prior consent, if applicable, You may up to 20 days prior to the UTS Open Course commencement date, transfer your enrolment to another UTS Open Course provided there are places available and You meet any mandatory requirements 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 or reschedule by UTS
(a) UTS reserves the right to cancel or reschedule a UTS Open Course at any time, in its absolute discretion.
(b) UTS will provide You with as much notice as possible of the cancellation or reschedule of any UTS Open Course.
(c) In the event of a cancellation, or if You are unable to attend the rescheduled UTS Open Course then You, or your Organisation, as applicable, may elect to:
(i) transfer into the next scheduled UTS Open Course of the same description and same Fees and Charges, provided there are places available; or
(ii) transfer into a different UTS Open course, and, if applicable, either receive a refund or pay any additional Fees and Charges of any difference in the Fees and Charges between the initial UTS Open Course and the new UTS Open Course, 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 or reschedule of a UTS Open Course.
10. Privacy
You agree that the provisions regarding privacy set out in the UTS Open Privacy Notice apply to these Terms and Conditions.
11. Intellectual Property
(a) Course materials may be provided to You as part of undertaking a UTS Open Course (Course Materials).
(b) The content of the Course Materials and all rights, 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 any UTS Open Course, Product or 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.
12. Complaints
(a) While You are not a UTS student as a result of enrolment in or purchase of a UTS Open Course or Product, any complaint about a UTS Open Course or Product should be raised and will be dealt with in accordance with the Student Complaints 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 UTS Open Course, academic and non-academic misconduct will be managed under section 16, Student Rules (as amended from time to time), regardless of whether You are still enrolled or participating in the UTS Open Course.
(c) Penalties for academic and non-academic misconduct are set out in section 16 of the Student Rules.
13. Policies
(a) It is a condition of your enrolment and participation in a UTS Open Course that You comply with the following UTS policies and procedures:
(b) Provision and Acceptable Use of Information Technology Resources Policy; and, any other policies or procedures which we notify to You from time to time.
(c) For the purposes of these Terms and Conditions, references to 'student' in these policies are taken to be a reference to You.
14. Sanctions
UTS reserves the right to refuse to provide a UTS Open Course or Product to You where the provision of the UTS Open Course or Product may be a breach of the Autonomous Sanctions Act 2011 (Cth), Charter of the United Nations Act 1945 (Cth), National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018 (“EFIA”) which amends Division 92 of the Criminal Code Act 1995 (Cth), Foreign Influence Transparency Scheme Act 2018 (Cth) or related regulations and determinations.
15. General
(a) To the extent of any inconsistency between these Terms and Conditions and the terms and conditions which specifically relate to a particular UTS Open 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, or purchase of, a UTS Open Course or Product.
(c) These Terms and Conditions may be altered, varied or replaced by UTS from time to time, in its sole discretion.
(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.
