Tuihono UC | UC Online learner agreement

Last updated 13 November 2023

Background

A. Tuihono UC I UC Online is a part of Te Whare Wānanga o Waitaha | University of Canterbury (Tuihono, UC, we, our, us). Tuihono provides a range of qualifications, courses, continuing professional development courses (CPD) and micro-credentials (together referred to as, Course/s) to individuals (you or Learner). 

Agreement

B. This Learner Agreement (Agreement) governs the relationship between you and UC.  You acknowledge and agree that the following terms and conditions form part of the agreement between you and UC for the Tuihono Courses that you have enrolled in. By enrolling in or participating in a Course (including any short course, CPD course, or micro-credential), you agree to the terms of this Agreement. 

C. If you are enrolling in a micro-credential course with Tuihono, then you also agree to be bound by UC’s Student Agreement (including the statutes, regulations, rules, and policies of UC). UC’s Student Agreement is available at – https://www.canterbury.ac.nz/enrol/student-agreement/ (Student Agreement), as updated from time to time in accordance with its terms. 

D. Please read the Student Agreement carefully. Please note that some clauses of the Student Agreement may not directly apply to you. For example, clause 11 of the Student Agreement refers to the use of your UC email address as a primary means of communication with you. This clause is not applicable to Tuihono Learners, as Tuihono will use the email address that you registered with, as the primary means of communication with you. Clause 24 of the Student Agreement only applies to international Tuihono learners based in New Zealand during their study at UC. 

E. Regarding your enrolment in any qualification course offered by Tuihono, the terms of this Agreement will prevail over the Student Agreement to the extent that there is any conflict between the terms of this Agreement and the Student Agreement.

F. UC recognises that online learning is critical for education in today's fast-paced and ever-changing business environment. In our online learning environments and while completing any Courses with Tuihono, UC requires you to conduct yourself in a professional and appropriate manner, at all times. 

1. Enrolment:

• 1.1 By enrolling in a Course, you confirm that you have determined that the Course is suitable for you. You also confirm that you have read the details provided in the Course description and information page (as applicable), including the Course content, and any recommended prior knowledge or qualifications applicable to the Course. UC makes no warranties and/or representations to you that the Courses will be suitable for your individual learning, and before enrolling, you must satisfy yourself that the Courses are suitable for you. 
• 1.2 You understand and agree that your enrolment may not be accepted unless your application complies with the applicable UC or Course specific requirements, and/or any additional conditions required by UC. 
• 1.3 You confirm that the information you provide to UC is accurate and complete and that you will advise UC, as soon as practicable, if any information that you have provided to UC changes or is incomplete (including your personal information).
• 1.4 You agree to comply with the relevant rules and policies of UC (as amended from time to time, with effect from the relevant date of amendment or adoption). 

(A) For Short Course and CPD Learners Only:

The following sub-clauses apply to Learners participating in Short Courses and/or CPD Courses. These sub-clauses do not apply to Micro-credential Courses. 

• (a) You acknowledge and agree that you will not receive academic credit from UC or Tuihono for completing a Tuihono short course or CPD course. Admission into the undergraduate and postgraduate programmes at UC is separate from being accepted into and/or taking a Tuihono CPD or short course. In some cases, we may offer Courses, which you can enrol in directly with UC, where expressly stated. In these situations, you may be able to enrol at UC to receive academic credit in accordance with UC’s rules, regulations, and policies.
• (b) We make no warranty or representation that academic credit will apply to any short course or CPD course offered through Tuihono. 
• (c) You acknowledge and agree that you will not be entitled to access or use UC’s resources or receive any benefits or privileges at UC beyond the Tuihono specific courses that you have enrolled in.
• (d) Successful completion of a Tuihono short course or micro-credential course, as a CPD Learner, may entitle you to receive a digital badge (available through My eQuals) subject to all other relevant requirements associated with your Course being met. The award of a digital badge by UC is at UC’s sole and absolute discretion. You acknowledge and agree that no other formal UC certification, qualification, or record of study will be noted, generated, or provided to you for short courses or CPD courses.

(B) For Micro-credential Course Learners Only:

The following sub-clauses apply to Learners participating in Micro-credential Courses. These sub-clauses do not apply to Short Courses and/or CPD Courses. 

• (a) As a Learner completing a micro-credential course through Tuihono, you agree to be bound by the Student Agreement. 
• (b) By enrolling in a micro-credential course, you confirm that you are either: (a) a citizen or permanent resident of New Zealand; or (b) a citizen of either, Australia, the Cook Islands, Niue, or Tokelau and are living in New Zealand on a permanent basis, at the time of enrolment (Residency Requirements). If you do not meet these Residency Requirements, you will automatically be enrolled as a CPD Learner only, and will not receive academic credit for the micro-credential course, or certification that you have completed the micro-credential course. 
• (c) You acknowledge and agree that to receive academic credit or certification of completion, you must meet these Residency Requirements and UC is under no obligation to award academic credit or to provide certification of completion if, at any time, you do not meet these Residency Requirements. 
• (d) If you have not studied at UC before, before you can attend a micro-credential course through Tuihono, you must provide certified/verified identity documents (i.e., passport or birth certificate certified/verified by a Justice of the Peace, Court Registrar, Notary Public, or Solicitor). These documents may be sent to us electronically, but if requested to do so, you must post hard copies for verification purposes. 
• (e) You can access your selected Course/s before you provide these identity documents. If you do not provide these identity documents before completing 30% of the micro-credential course, UC will withdraw your enrolment until you provide the identity documents. If you need additional time to provide the identity documents, you can request to defer your enrolment to the next available micro-credential course date. If you cannot provide the identity documents, you can choose to continue in the original micro-credential course as a CPD Learner by paying the additional associated fees.
• (f) Successful completion of a micro-credential course may entitle you to receive a digital badge (available through My eQuals) subject to all other relevant requirements associated with your Course being met. The award of a digital badge by UC is at UC’s sole and absolute discretion. Upon completion of a micro-credential course through Tuihono, you will be provided with UC certification and a record of study.

2. Fees and Payment: 

• 2.1 You (or the third party funding your participation in the relevant Course) must, by the relevant due date, pay the full amount of the Course fees and any other applicable charges or expenses. You acknowledge that Tuihono UC | UC Online related short courses and CPD courses are not eligible for a Studylink Student Loan and/or Student Allowance. Tuihono UC | UC Online Micro-credentials may be eligible for a Studylink Student loan and/or Student Allowance depending on additional factors such as your EFTS status.
• 2.2 All payments must be made by the due date notified to you. 
• 2.3 If any amounts are not paid by the due date, you acknowledge and agree that you are not entitled to participate in the relevant Course(s) and UC has the right to cancel or suspend your enrolment for or participation in the Course. If UC does not cancel your enrolment in the Course and you wish to continue with your enrolment, you agree to pay all applicable late fees (including administration charges) and/or penalties. You also agree to reimburse UC for all reasonable third-party legal fees and/or collection costs incurred by UC in recovering any overdue amounts from you. 
• 2.4 If a third party is funding your participation in a Course under a third-party scholarship, the payment of fees is made directly between the third party and UC, and any statement of fees you may receive is for your reference only. If you enrol (or UC enrols you) under the assumption that the third party is funding your study, and a third party is not funding you, then UC reserves the right to charge you the full cost of the Course, including any reasonable ancillary costs and expenses, and you will be liable to pay these in full.
• 2.5 All fees are in New Zealand Dollars (NZD) and the amount you are charged in any other currency will be determined by the exchange rate provisioned through the payment portal and your payment provider (e.g. your Credit Card company).
• 2.6 You acknowledge and agree that UC reserves the right to charge any additional taxes payable in New Zealand or in the country of study, if required by any relevant legislation.
• 2.7 You are responsible for your own costs incurred in participating in the Courses, for example, your internet connection, technology devices, and the costs of any additional materials.

3. Intellectual Property: 

• 3.1 The content in Courses is protected by copyright laws. All Course materials, including any texts, video, images, examinations and other instructional materials provided are for your personal, non-commercial use, in connection with those Courses only. Except where expressly permitted by UC, you must not transfer, retransmit, distribute, publish, commercially exploit or create derivative works of the Courses, or their content. 
• 3.2 All rights in Courses and their content, if not expressly granted, are reserved by UC (and/or its third-party licensors, where applicable). Certain reference documents, digital textbooks, articles and other information may be made available to you with the permission of third parties, and use of that third party material may be subject to certain rules and conditions, which we will post along with the material, or otherwise inform you about. 

4. Withdrawals, Refunds and Cancellations: 

• 4.1 Once you have enrolled in a Course, you can only terminate or withdraw your enrolment by advising Tuihono via email (support@uconline.ac.nz). You acknowledge and agree that the non-payment of fees, stopping attendance or participation in a Course, or advising a member of Tuihono will not be accepted as notice of withdrawal and you must advise Tuihono via email.
• 4.2 If you withdraw or cancel your enrolment for a Course, the Withdrawal Refund Schedule recorded below will apply. If a different refund arrangement is stated in the information for the relevant Course, that refund arrangement will apply instead.
• 4.3 If you enrol for a Course, but you do not complete it, UC will not be obliged to provide a refund (if applicable) or facilitate any extra lessons. If you are unable to commence or complete a Course, you may not provide access to an alternate person in your place, as the enrolment is personal to you.
• 4.4 UC reserves the right to amend, cancel or reschedule a Course due to insufficient enrolments or other unforeseen circumstances (e.g., facilitator illness or any force majeure event). If a Course is cancelled, we will endeavour to provide as much notice as reasonably practicable and where possible, automatically transfer your ernolment into the next available Course date and notify you by email. 
• 4.5 If the date of the new Course offering does not suit you, then please contact us to arrange a refund (if applicable), or transfer into another Course. If there is no alternate date or Course offering, then your original enrolment fee will be refunded in full, but only if you have made payment in full

5. Substitutions:

• 5.1 Your enrolment and participation in a Course is personal to you, and you are not permitted to assign your enrolment, or substitute your place in a Course to any other person. 

6. UC’s Obligations: 

• 6.1 UC will use its reasonable endeavours to provide the Courses to a professional standard, and to act reasonably and fairly in exercising its powers.
• 6.2 If UC receives information that causes concern about your engagement or progress in the Courses, or if UC believes your health and safety, or the safety of others is in jeopardy (including in any online teaching environments), then you acknowledge and agree that UC may contact your nominated/emergency contact person (if applicable), the New Zealand Police, or other relevant person or agency.
• 6.3 UC may make changes to its Courses, (including the offering, content, fees, or timing for delivery of Courses). UC will give you reasonable notice (having regard to the circumstances) of these changes. 

7. Privacy: 

• 7.1 You agree that UC may collect, use, retain and disclose personal information about you in accordance with the privacy statements available at: www.canterbury.ac.nz/privacy, the UC Privacy Policy, the UC Privacy Declaration, and the Privacy Act 2020.
• 7.2 You understand, acknowledge, and agree that Immigration New Zealand can make disclosures to UC, and that UC can disclose information to Immigration New Zealand that it holds, if that information is relevant to your immigration status.

8. Disputes: 

• 8.1 We must both attempt to settle any dispute under this Agreement quickly, amicably and in good faith.
• 8.2 If any dispute cannot be resolved within 15 business days of it being notified, then either party may refer the dispute to mediation. The date, terms and rules of the mediation will be decided by the President of the New Zealand Law Society.

9. No Warranty or Representation: 

• 9.1 UC provides Courses in good faith but gives no warranty and/or representation that the Courses and their content are accurate, complete or up-to-date, or that they will meet your personal or professional requirements, nor that content is non-infringing. 
• 9.2 UC accepts no responsibility or liability for your use of Courses and their content, and your use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs through any of our platforms, we accept no liability for viruses or malicious programs. 

10. Liability: 

• 10.1 To the maximum extent permitted by law, UC's liability to you is limited to the greater amount of:
  • (a) an amount equal to the fees (if applicable) that you have paid for your Courses; or (b) NZD $1,000. 
• 10.2 Neither of us is liable to the other (in contract, tort (including negligence) or equity) for any damages of any kind arising out of or in connection with this Agreement that are indirect, special or consequential (including loss of opportunity, loss of future earnings or loss of reputation). 

11. General:

• 11.1 Certain provisions in this Agreement shall continue to apply after your Course or enrolment has come to an end. These include the following clauses Intellectual Property, Fees and Payment, Withdrawals, Refunds and Cancellations, Privacy, and General.
• 11.2 This Agreement is subject to and governed by the laws of New Zealand. The parties submit to the exclusive jurisdiction of the New Zealand courts.
• 11.3 UC may update this Learner Agreement from time to time by updating the webpage, https://uconline.ac.nz/terms-and-conditions. From the date of each update, the most recent version of this Agreement will apply to you and will replace any previous version(s) of this Agreement.