Open Colleges Pty Ltd (ACN 000 011 692) (we or us) Short Course offering is subject to the following terms and conditions (T&Cs).
Please read the Terms carefully before purchasing a Short Course as this is a legal document. You should understand that by purchasing a Short Course, and accessing its content, you agree to be bound by these Terms.
Eligibility
- You must be at least 18 years of age and reside in Australia to be eligible to enroll in a Short Course.
- Short Courses do not qualify for any units of competency or confer any qualification under the Australian Qualifications Framework (AQF). On completion of the Short Course you will be issued with a certificate of completion.
Term & Extensions
- Access to a Short Course is for a fixed term of 3 months from the date of enrolment unless extended in accordance with these Terms and provided you remain eligible for access (Term).
- It is your responsibility to ensure you complete the Short Course within the Term.
- We may grant an extension of 1 month (up to a maximum of 6 months) if you request it, subject to payment of an additional fee, unless we determine otherwise (in our sole discretion).
Pricing & Payment
- The price payable for a Short Course is the price stated on our website at the time you enroll (Price) and must be paid at the time of enrollment. All prices are in Australian dollars and are GST inclusive. We reserve the right to change a Price at any time.
- From time to time we may offer promotional pricing. If we provide any discount code to access a promotional price then it is personal to you, can only be used once, must be applied during the check-out process and cannot be applied retrospectively.
- Any additional charges you incur accessing a Short Course (like data charges or internet connection) are your sole responsibility.
- From time to time we may offer complimentary enrollment in a Short Course to students already enrolled in study with Open Colleges. For the avoidance of doubt, these T&Cs shall apply in full to such access, with the benefit being conferred as consideration for these T&Cs.
Your Account & Course Support
- The Short Course is for personal use only. You must not transfer your enrolment to someone else and you are solely responsible for all use associated with your account (regardless of whether you have authorized access). You must notify us immediately if you become aware of any unauthorized use or access of your account.
- You will have access to support for the Short Course within the OpenSpace platform that we provide.
IP Rights & Use of Content
- All content in the Short Course (including all video, text, graphics, music, ideas etc. but excluding any 3rd party linked content) is our proprietary information (or licensed to us) and is protected by proprietary and intellectual property rights. All content is copyrighted under applicable copyright laws.
- Your enrolment grants you a limited, non-exclusive, non-transferable license to access and view the content for educational purposes, with unlimited (subject to fair use) access for the Term, subject to these T&Cs. All other uses are expressly prohibited.
- You must not (or attempt to):
- modify, translate, adapt, alter, publish, transmit, distribute, perform, participate in the sale or transfer of, create derivative works of, or in any way exploit, any of the content (in whole or part);
- stream content or on-sell content to a third party, or provide a general log in access to multiple users;
- remove, cover, alter or obfuscate any proprietary notices, labels, trade marks or service marks on any content; or
- reverse engineer, disassemble, decompile or derive source code from the content, or the platform it is on.
- We may include hyperlinks to 3rd party content or websites in a Short Course to share additional content of interest on publicly accessible websites. In doing so, we do not intend to imply or create any endorsement, support or association with that 3rd party or their website, nor do we take responsibility for their content, or any privacy law compliance.
- Whilst we take all due care in providing the Course, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.
Cancellations and Refunds
- There is a cooling off period of 3 calendar days from the day you enrolled (Cooling Off Period). If you cancel within the Cooling Off Period then you will receive a full refund of the Price, less our reasonable administration fees.
- You will not be eligible for a refund within the Cooling Off Period if you have downloaded, viewed or accessed over 20% of the content, or accessed and completed any assessment within the Short Course.
- Refunds will only be credited to the original funding source.
- Otherwise, subject to the rights you have under the Competition and Consumer Act 2010 (Cth) or as otherwise set out in these T&Cs, no refunds are provided for cancellation outside of the Cooling Off Period.
Suspension of Access
- Your access to Open Space (and the Short Course) may be suspended if:
- your enrolment with Open Colleges is no longer current;
- if we suspect or detect any misuse of your account or the Short Course including use of a general email address or multiple email address changes; or
- determine (acting reasonably) that you are in breach of these T&Cs or any applicable law or regulation.
Technical Issues
- From time to time, our website or platforms (including Open Space) used for the Short Course may be down for planned or urgent maintenance. We will give you advance notice (where possible) of such outages in Open Space.
- If for some unforeseen reason, you are unable to access the Short Course (including if Open Space is unexpectedly down) in its entirety for a continuous period of more than 24 hours then we will adjust the end date of the Term by a corresponding period. This shall only apply if the reason you are unable to access Open Space and/ or the Short Course directly relates to us and provided your device meets the minimum specifications set out in our FAQs.
- We are not responsible for delay or failure caused by events outside of our reasonable control, like natural disaster, act or war, hostility, sabotage, telecommunication or electrical outage, or any government restrictions.
- While we have measures in place, we do not warrant our systems or website are free of any viruses and/or malware (of whatever nature), and we are not responsible for any damage to your system which arises in connection with your use of our website (or any linked website).
Content Changes
- The content in a Short Course may be upgraded and modified at any time to sustain the quality, quantity, currency and variety of it, so it remains at least consistent with content as at the start date of the Short Course.
Privacy
- All collection and use of your personal information in connection with your account with Open Colleges and the Short Course will handled be in accordance with our Privacy Policy (Privacy Policy can also be viewed here), and specifically will be used to manage your account including communicating with you about it. We may also use it to notify you of offers, benefits or new courses, unless you tell us otherwise.
Liability
- To the extent permitted by law and subject to the rights you have under the Competition and Consumer Act 2010 (Cth), we are not liable to you for any direct or indirect, incidental, consequential or special loss or damage (including without limitation loss of income or revenue, loss of business, loss of profits or contracts, loss of opportunity, loss of anticipated savings, loss of data, loss of goodwill) suffered or incurred by you in connection with a Short Course. In any event, our liability to you is limited to the value of the Price paid.
Changes to Terms
- We reserve the right to update these T&Cs from time to time and provide you with written notice to the email address associated with your account. If you access the Short Course following this notice, this will represent your agreement to be bound by these T&Cs as amended.
Laws
- These T&Cs are governed exclusively by the laws of New South Wales and the Courts of New South Wales shall have exclusive jurisdiction in the event of any dispute.
