Learner Agreement

Last updated 6 June 2023

Tuihono UC | UC Online is a unit of Te Whare Wānanga o Waitaha | University of Canterbury (UC). UC Online provides a range of short courses, continuing professional development (CPD) courses, micro-credentials and certain courses towards university qualifications with the University of Canterbury. This Learner Agreement governs the relationship between UC and our UC Online learners. You acknowledge that the following terms and conditions form part of the agreement between you and UC for the UC Online courses or micro-credentials that you have completed registration in. 
  
By applying to register for, or participating in, a UC Online course (including any short course, CPD course, micro-credential or University course), you agree to the terms of this UC Online Learner Agreement. 

Registration 

1. By registering for a course, you confirm that you have determined that the course is suitable for you by reading the details provided on the course description and information page (as applicable), including the course content and any recommended prior knowledge or qualifications.

2. You understand that your registration may not be accepted unless your application complies with any relevant UC or course requirements and any additional conditions advised by UC. You must also pay the relevant course fees in accordance with this Agreement.

3. You confirm that all the information you provide to UC is accurate and complete and that you will update UC as soon as practicable if any information that you have provided to UC changes (including your contact details).

4. You agree to comply with the relevant regulations, rules and policies of UC (as amended from time to time, with effect from the relevant date of amendment or adoption). You agree to comply with all other reasonable requirements of UC.

5. For Short Course and CPD Learners Only:

a. You acknowledge that you will not receive academic credit from UC or UC Online for taking a UC Online short course or CPD course. Admission to the programs at UC is separate from being accepted into and/or taking a UC Online CPD or short course(s). In some cases, we may offer courses for which you can register through UC, where expressly stated. In that event, you may be able to enrol at UC to receive academic credit in accordance with UC’s rules, regulations and policies.

b. You acknowledge that you will not be entitled to access or use the resources or receive any benefits or privileges at UC beyond the UC Online courses for which you have registered.

c. Successful completion of a UC Online short course or of a micro-credential as a CPD learner may entitle you to get a digital badge (available through My eQuals) subject to all other relevant requirements associated with your study being met, solely at the discretion of UC. For short courses or CPD courses, no other formal UC certification, qualification or record of study will be noted, generated or provided.

6. For Micro-Credential Learners Only:

a. You agree to be bound by the UC Student Agreement available at  https://www.canterbury.ac.nz/enrol/student-agreement, as updated from time to time in accordance with its terms. In relation to your study of a micro-credential, this UC Online Learner Agreement will prevail over the UC Student Agreement to the extent of any conflict between their respective terms.

b. You confirm that you are either (a) a citizen or permanent resident of New Zealand; or (b) a citizen of Australia, Cook Islands, Niue or Tokelau living in New Zealand. If you do not meet these residency requirements, you will be registered as a CPD learner only, and will not receive academic credit or certification of your completion of the relevant course of study.

c. If you have not studied at UC before, you must provide scanned copies of verified identity documents (i.e., passport or birth certificate signed by a Justice of the Peace, Court Registrar or Solicitor). You can access your selected course/s before you provide these identity documents. If you do not provide the required identity documents before completing 30% of the micro-credential, UC will withdraw your enrolment until you provide the identity documents. If you need more time to provide the identity documents, you can request to defer enrolment to the next available course date for the micro-credential. If you cannot provide the required identity documents, you can choose to continue in the original micro-credential as a CPD learner by paying the additional associated fees.

d. Successful completion of a UC Online micro-credential may entitle you to get a digital badge (available through My eQuals) subject to all other relevant requirements associated with your study being met, solely at the discretion of UC. UC certification and record of study will be provided.

7. For University Programme Learners Only: If your UC Online course is for a University of Canterbury qualification, you acknowledge that:

a. You will need to enrol as a student of the University of Canterbury in order to participate in the course, and you must meet relevant enrolment requirements and any relevant criteria required for admission to the course.

b. You will be bound by the UC Student Agreement (https://www.canterbury.ac.nz/enrol/student-agreement/) and the statutes, regulations, rules and policies of UC, as amended from time to time, as updated from time to time in accordance with its terms. 

c. In relation to your study via UC Online, the UC Student Agreement will prevail over this UC Online Agreement to the extent of any conflict between their respective terms. 

Intellectual Property 

8. The content in UC Online short courses, CPD courses and micro-credentials are protected by copyright laws. All course materials, including any texts, video, images, examinations and other instructional materials provided with the courses and programs offered by UC Online are for your personal, non-commercial use in connection with those courses only. Except where expressly permitted by UC, you may not transfer, retransmit, distribute, publish, commercially exploit or create derivative works of the UC Online course or micro-credential, or their content. All rights in UC Online courses or micro-credentials 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 on the services 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.

Fees and Payment 

9. You (or the third party funding your participation in the relevant course or micro-credential) must pay by the relevant due date the full amount of the course or micro-credential fees and any other applicable charges. You acknowledge that UC Online short courses, CPD courses and micro-credentials are not eligible for a Studylink Student Loan and/or Student Allowance.

10. If any amounts are not paid by the due date, you acknowledge that you are not entitled to participate in the relevant course(s) and UC has the right to cancel or suspend your registration for or participation in the course. If UC does not cancel your registration or participation, you agree to pay all applicable late fees and reinstatement fees. You also agree to reimburse UC for all third party legal and collection costs incurred by UC in recovering any overdue amounts.

11. 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 register (or UC registers you) under the assumption the third party is funding your study, and this is not the case, then UC reserves the right to charge you the full cost of the course including any ancillary costs and you will be liable to pay these in full.

12. 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 relevant third-party payment portal and your payment provider (e.g. Credit Card company).

13. You acknowledge 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.

14. You are responsible for your own costs incurred in participating in UC Online courses, for example, your internet connection, technology devices, and the costs of any additional materials.

15. You acknowledge that any refunds payable under this agreement may only be returned back to the originating source of the payment (i.e. the same credit card or bank account).

16. You may not use UC Online in, or for the benefit of, a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by New Zealand, the United States, United Kingdom, European Union or United Nations. In the event that you breach this clause, your course registration will be cancelled, and except where permitted by the relevant payment services and applicable law, no refund will be provided to you.  

Withdrawals and Cancellations 

17. Once you have registered in a UC Online course, you may only terminate or withdraw your registration by completing the withdrawal form in your UC Online profile or by advising UC Online via email. You acknowledge that non-payment of fees, ceasing to attend or participate, or advising a member of UC Online staff will not be accepted as notice of withdrawal.

18. If you withdraw or cancel your registration for a course, the withdrawal refund schedule stated below will apply. If a different refund arrangement is stated in the course information for the relevant course, that schedule will apply instead.

19. If you register 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. In the event you are unable to commence or complete a course, you may not provide access to an alternate person in your place.

20. UC reserves the right to amend, cancel or reschedule a course due to insufficient enrolments or other unforeseen circumstances (e.g., facilitator illness). If a course is cancelled, we will endeavour to provide as much notice as possible and where possible automatically transfer your registration into the next available course date and notify you by email. If the date of the new course offering does not suit, please contact us to arrange a refund (if applicable) or transfer into another course. If there is no alternate date or course offering your original registration fee will be refunded in full if you have made payment. 

Our Obligations 

21. UC will use its reasonable endeavours to provide the courses to a professional standard, and to act reasonably and fairly in exercising its powers.

22. UC may make changes to its courses, micro-credentials and programmes (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.

23. Where applicable, UC will use its reasonable endeavours to comply with the Education (Pastoral Care of Tertiary and International Learners) Code of Practice (Pastoral Care Code). UC may undertake certain actions which may impact you in order for UC to meet its obligations under the Code. 

Privacy 

24. 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, and the Privacy Act 2020. 

25. If UC receives information that causes concern about your engagement, progress, or believes your health or safety or the safety of others is in jeopardy, UC may contact your nominated/emergency contact person (if applicable), the Police, or other relevant person or agency.

26. You understand and agree that Immigration New Zealand can disclose to UC, and that UC can disclose to Immigration New Zealand, information that it holds that is relevant to your immigration status. 

General 

27. To the maximum extent permitted by law, UC's liability to you is limited to the greater of (a) an amount equal to the amount of fees (if applicable) that you have paid for your courses; and (b) NZD $1,000. UC is not liable to you for any indirect or consequential losses (including loss of opportunity, loss of future earnings or loss of reputation), or for any losses, costs or damages that you suffer or incur as a result of a breach of this Agreement by UC where that breach is caused by circumstances beyond UC's reasonable control. 

28. UC provides UC Online courses in good faith but gives no warranty or representation that the courses or micro-credentials and their content are accurate, complete or up-to-date or that they will meet your requirements, nor that UC Online content is non-infringing. We accept no responsibility or liability for your use of UC Online 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 on UC Online, we accept no liability for them. 

29. You may not use UC Online in, or for the benefit of, a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by New Zealand, the United States, United Kingdom, European Union or United Nations. In the event that you breach this clause, your course registration will be cancelled. 

30. If you do not, or cannot, comply with the requirements of this Agreement, UC may terminate this Agreement and your registration in any course(s). This is in addition to UC's rights under the statutes, regulations, rules and policies of UC. 

31. Certain provisions in this Agreement shall continue to apply after your course or registration has come to an end. These include paragraphs 8 (intellectual property), 9 to 16 (fees and payment), 17 to 20 (withdrawals and cancellations), 24 to 26 (privacy), and 27 to 33 (general), as well as any other provisions that by their nature are intended to continue to apply. 

32. 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. 

33. UC may update this UC Online Learner Agreement from time to time by updating the webpage,  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. 

Withdrawal Refund Schedule

*Any refunds may only be returned back to the originating source of the payment (i.e., the same credit card or bank account)