Terms and Conditions

1. Definitions

   1. ‘Charles Sturt’ refers to Charles Sturt University and its employees and agents.

   2. ‘Courses’ refers to the microcredentials and short courses offered on the Site.
   3. Incorporated Policies means the policies listed at clause 23 of these Terms.
   4. ‘Login Information’ refers to all login identification name/numbers, passwords and similar information given to you when setting up your account on the Site;
   5. ‘Site’ refers to online content associated with microcredentials and short courses that is delivered via the university’s learning management system, whether or not exclusively owned by Charles Sturt.
   6. ‘Terms’ refers to these Terms of Use.
   7. ‘User Content’ refers to any content that you upload to the Site, including homework, quizzes, exams, projects, other assignments, posts you make in the forums.

2. Site Access
   1. This Site is provided for your educational and information purposes.
   2. To access some of the functionality of the Site, you will need to open an account with a username and password.
   3. Your access to and use of the Site is subject to these Terms. Your use of parts of the Site may also be subject to disclaimers or additional terms and conditions.

3. Site Use
   1. You must maintain the confidentiality of all Login Information, and you must not allow or authorise any other person to use your Login Information.
   2. You must immediately notify us of any suspected or actual unauthorised use of your Login Information.
   3. You must only use those facilities on the Site which you are authorised to use and you agree not to attempt to circumvent any access restriction mechanisms on the Site.
   4. Charles Sturt may in its sole and absolute discretion, for any reason and without notice:
   1. alter or withdraw any functionality on the Site;
   2. withdraw or suspend your access to all or any part of the Site and your account;
   3. monitor your use of the site;
   4. subject to any applicable laws, treat any material that you transmit or display as non-confidential and non-proprietary; and
   5. edit or remove any material that you have may have uploaded, posted, emailed or otherwise transmitted to the Site.

4. Course Access
   1. You may access the Courses only if you can form a binding contract with Charles Sturt, and only if you comply with these Terms and all applicable laws.
   2. When you create your Site account through which you may register for Courses, and subsequently when you use the Site, you must provide Charles Sturt with accurate and complete information (including your name and email address), and you agree to update your information to keep it accurate and complete.
   3. If Charles Sturt becomes aware that any information you provide is inaccurate or incomplete, we may, at our absolute discretion, cancel your current registration and not accept your registration in any Courses in the future.
   4. Some Courses may contain material that is not suitable for learners under the age of 18. This will be clearly identified in the course description.
   5. If the learner is under 18, the parent/guardian is responsible for the payment of the Course Fees.

5. The Courses
   1. Charles Sturt reserves the right to cancel, interrupt, reschedule, or modify any Course, or change the point value or weight of any assignment, quiz, or other assessment.
   2. The Site may occasionally be unavailable due to scheduled maintenance.
   3. All assessment must be submitted as specified in the Site.

6. User Responsibilities
   1. You must not:
      1. use the Site in a manner that:
         1. is contrary to any law or which may encourage a person to act in a way which is contrary to any law;
         2. may result in damage to the Site or any property or equipment of Charles Sturt, its contractors or agents;
         3. is disruptive to the learning of others or that may restrict, disrupt or inhibit any other user from using or enjoying the Site;
         4. endangers the health or safety of any person; or
         5. may cause an interference to any business conducted by us;
      2. share, upload or onsell any content contained on the Site.
      3. upload, post, email or otherwise transmit any of the following to, or through, the Site:
         1. confidential material;
         2. misleading or deceptive material;
         3. advertising, marketing or promotional material;
         4. material which you do not have a right to upload, post, email or otherwise transmit, such as material which is protected by copyright, patent, trade mark, service mark, or any other proprietary right, without first obtaining express permission from the owner of the material or relevant right holder
            and providing with the material appropriate acknowledgement of existence of the right and the permission of the right holder; or
         5. material which contains a virus, or other harmful or potentially harmful code;
      4. download or reproduce any material from or through the Site which you know, or reasonably ought to know, is of a kind described in paragraph 6.1(b) above except as permitted by law;
      5. alter, damage or delete any material on the Site of which you are not the author, unless you have express permission from the author;
      6. impersonate any person or entity, including any Charles Sturt staff member or any other user;
      7. breach any relevant regulations, statutes and disciplinary procedures of any of the provider institutions;
      8. hold yourself out as having any authority to act on behalf of Charles Sturt; or
      9. collect or store personal information about other users in a manner which is inconsistent with these Terms.
   2. You must obey any lawful instruction of Charles Sturt in using the Site.
   3. If you breach any of the above terms, Charles Sturt may undertake its own investigations and may also inform relevant law enforcement agencies and providers of educational and information services of such conduct.

7. Licence
   1. Subject to these Terms, Incorporated Policies and any Course-specific eligibility requirements, Charles Sturt grants you a limited, personal, non-exclusive, non-transferable, and revocable licence to use the Site and the Courses.
   2. You may download content from the Site only for your personal, non-commercial use, unless you obtain Charles Sturt’s written permission to otherwise use the content.
   3. You agree that you will create, access, and/or use only one user account, unless expressly permitted by Charles Sturt, and you will not share with any third party access to or access information for your account.
   4. We may terminate your licence to the Site and the Courses at any time if you breach these Terms.

8. Academic Credit and Certificates
   1. Unless otherwise explicitly indicated by Charles Sturt, participation in or completion of a Course does not confer any academic credit.
   2. Recognition of prior learning for successfully completing a Charles Sturt microcredential  for the purpose of gaining credit into an Award course at Charles Sturt may be considered in line with our Credit Policy. Applications should be made as instructed in the Credit Procedure, refer section, ‘Applications for credit’
   3. Charles Sturt has no obligation to have the Courses recognised by any educational institution or accreditation organisation.

9. User Content
   1. The Courses might enable you to share User Content, with Charles Sturt, instructors, and/or other users.
   2. Nothing in these Terms shall restrict other legal rights the Site may have to User Content, for example under other licenses.
   3. Nothing in these Terms shall restrict other legal rights the Site may have to User Content, for example under other licenses.
   4. Charles Sturt reserves the right to remove or modify User Content for any reason, including User Content that it believes violates these Terms.
   5. Charles Sturt welcomes your suggestions, ideas, comments, and other feedback regarding the Courses. By submitting any feedback, you grant Charles Sturt the right to use the feedback without any restriction or any compensation to you.

10. Security
    1. While Charles Sturt works to protect the security of user accounts and related information, Charles Sturt cannot guarantee that unauthorised third parties will not be able to defeat its security measures. Please notify Charles Sturt immediately of any compromise or unauthorized use of your account by emailing careerlab@csu.edu.au

11. Third Party Content
    1. You may have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. Charles Sturt cannot guarantee that such third party content will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Charles Sturt disclaims any responsibility or liability related to your access or use of, or inability to access and use, such third-party content.

12. Education Research
    1. Your personal identity will not be publicly disclosed in any research findings without your express consent – refer Privacy Policy below.

13. Fees
    1. Unless otherwise stated, all fees are quoted in Australian Dollars (AUD).
    2. You are responsible for paying all fees charged by or for Charles Sturt and applicable taxes in a timely manner with the payment mechanism associated with the applicable fees.
    3. If your payment method fails or your account is past due, Charles Sturt may collect fees using other collection mechanisms.
    4. Fees may vary based on your location and other factors, and Charles Sturt reserves the right to change any fees at any time at its sole discretion.
    5. Refunds may be available as described in the Payment and Refund Policy.

14. Modifying and Terminating Services
    1. Charles Sturt is constantly changing and improving the Site and the Courses. Charles Sturt may add or remove functions, features, or requirements, and may suspend or stop Courses altogether.
    2. Accordingly, Charles Sturt may terminate your access to the Site or a Course for any reason. If your access is terminated, a refund may be available under the Payment and Refund Policy.
    3. Charles Sturt may not be able to deliver the Courses to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. Charles Sturt will not be liable to you for any such inability.

15. Disclaimers
    1. Charles Sturt specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade, except where such disclaimer is prohibited by law.
    2. Charles Sturt further disclaims any and all liability related to your access or use of the Site or the Courses. You acknowledge and agree that any access to or use of the Site or the Courses is at your own risk.

16. Limitation of Liability
    1. To the maximum extent permitted by law, Charles Sturt shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting
       from:
       1. your access to or use of or inability to access or use the Site or the Courses;
       2. any conduct or content of any party other than Charles Sturt, including without limitation, any defamatory, offensive, or illegal conduct; or
       3. unauthorised access, use, or alteration of your content or information.
    2. In no event shall Charles Sturt’s liability for all claims related to the Site or the Courses exceed the total amount of fees received by Charles Sturt from you for the use of the Site or the Courses during the past six months.
    3. You acknowledge and agree that the disclaimers and the limitations of liability set forth in these Terms reflect a reasonable and fair allocation of risk between you and Charles Sturt, and that these limitations are an essential basis to Charles Sturt’s ability to make the Site and the Courses available to you on an economically feasible basis.

17. Indemnity
    1. You agree to indemnify, defend, and hold harmless Charles Sturt (including its officers, employees and agents) from any and all claims, liabilities, expenses, and damages, including reasonable legal fees and costs, made by any third party related to:
    • Your use or attempted use of the Site or the Courses in violation of these Terms;
    • Your violation of any law or rights of any third party; or
    • User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

18. Governing Law and Jurisdiction
    1. You agree that any dispute related to these Terms will be governed by the laws of the State of NSW.

19. Dispute Resolution
    1. Either you or Charles Sturt may elect at any point during a dispute to resolve the dispute using an established alternative dispute resolution (‘ADR’) provider, mutually agreed upon by you and Charles Sturt.

20. Changes to the Terms
    1. Charles Sturt reserves the right to amend these Terms at any time. Any changes to these Terms will be effective immediately upon posting on this website with an updated effective date. Your use of the Site following any amendments to these Terms will represent your agreement to be bound by these Terms
       (as amended).  We therefore recommend that you return to this page periodically to ensure familiarity with the current version of the Terms.

21. Severability
    1. Any provision of these Terms which is void, invalid or unenforceable, does not affect the validity, legality or enforceability of the remaining terms.
    2. Where a term is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in these Terms.

22. Waiver
    1. If you do not comply with these Terms, and Charles Sturt does not take immediate action, this does not indicate that Charles Sturt relinquishes any rights that it may have (such as taking action in the future).

23. Incorporated Policies
    • Payment and Refund Policy
    • Learner Code of Conduct
    • Copyright and Trademark Policy
    • Privacy Policy

Payment and Refund Policy

1. Payment of Courses on the Site are due at the time of registration through our shop front. The processing of your payment information is done by third-party payment gateway, BPoint, provided by the Commonwealth Bank of Australia and you will be routed to the secure payment portal controlled by BPoint to complete the payment transaction.
2. Once your payment transaction is completed, a confirmation page will be displayed, and you will receive a confirmation email with your name, order number, and the payment amount. Please retain this email for your records as this information will be required if you seek a refund from Charles Sturt, as described below.
3. Course Cancellation:

1. Cancellation by Charles Sturt

At any time after you have enrolled, Charles Sturt may cancel your enrolment, or the Course you enrolled in, for any reason. If Charles Sturt cancels, we will notify you as soon as possible and refund your Course fees in full.

2. Cancellation of course before commencement

If Charles Sturt cancels the Course you enrol in after its scheduled commencement date because we are no longer able to conduct that Course for reasons beyond our control, we will cancel your enrolment. We may, at our discretion, give you a refund.

3. Cancellation of enrolment after commencement of course

If, after the scheduled commencement date of the Course you enrol in, Charles Sturt cancels your enrolment (but not the Course) for any reason (at our discretion), we may, at our discretion, give you a pro-rata refund.

4. Failure to attend a course

If you fail to attend or engage in a Course you are enrolled in, the Course fee is not refundable nor will a credit note be provided.

If you fail to attend your scheduled class due to illness and provide a medical certificate, Charles Sturt at its discretion may offer you a full or pro-rata refund or provide a voucher for use when enrolling in a future course.

5. Academic integrity

No refund will be issued in the case of a breach of academic integrity (see Learner Code of Conduct).

25. Learner Code of Conduct

1. Academic integrity means acting with honesty, fairness and responsibility, and involves observing and maintaining ethical standards in all aspects of academic work. The Courses assume that you understand what constitutes plagiarism, cheating and collusion.
2. Charles Sturt treats plagiarism seriously. We may use a plagiarism-checking application to check your submitted work for plagiarism.

Copyright and Trademark Policy

1. The Courses, including copyright and all other such intellectual property rights contained therein, remain the property of Charles Sturt. You may not reproduce any part of the Courses without the prior written consent of Charles Sturt.
2. Accessing the Site and the Courses does not give you ownership of any intellectual property rights in the content you access.
3. You retain all intellectual property rights in, and are responsible for, the User Content.  To the extent that you provide User Content, you grant Charles Sturt a fully transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content.
4. You must not use the name, registered or unregistered trademark or logo of Charles Sturt in any material that you create (excluding User Content) without the prior written approval of Charles Sturt.

Privacy Policy

1. The personal information you provide when using the Site is managed in accordance with the Privacy and Personal Information Protection Act 1998 and Charles Sturt University’s Privacy Management Plan (https://policy.csu.edu.au/document/view-current.php?id=218).  The information will be used by authorised staff for the purpose for which it was collected and will be protected against unauthorised access and use.
2. You also consent to Charles Sturt disclosing your information to third parties who deliver study and support options in conjunction with Charles Sturt.  This may involve the transmission and storage of personal information outside of New South Wales or Australia.  Your personal information will not otherwise be made available to any other person or organisation for any other purpose without your consent except where Charles Sturt may be legally required to do so.