These Terms and Conditions (Terms) apply to enrolment and participation in all Australian Institute of Company Directors (AICD) Public Courses (Course or Courses). These Terms contain essential information about your enrolment and participation.
Updated August 2022
2. For the purpose of these Terms:
Account means a user account authorised by AICD and created by a user as part of the enrolment process for, in the case of a Participant, enrolment in a Course. in the case of a Facilitator, providing Facilitation Services and, in the case of a Marker, providing Marker Services.
Assessment Documentation means Participant Assessment Guide available from the course materials page in MyLearning and includes the participant code of conduct and assessment policies.
BoardEffect means the online platform used for Boardroom Mastery which provides access to all the relevant Participant materials. Terms and Conditions for BoardEffect are available when logging into BoardEffect for the first time.
Boardroom Masterymeans the AICD’s Boardroom Mastery 3-day course designed for experienced directors.
Chatham House Rule a rule or principle according to which information disclosed during a meeting may be reported by those present, but the source of that information may not be explicitly or implicitly identified. https://www.chathamhouse.org/about-us/chatham-house-rule
Commencement Date means the date of the first day of a Course in a face to face delivery or when a participant received access to the electronic Course materials in an Online delivery, whichever is applicable.
Calendar Day means each day shown on the calendar beginning at 12:00 Midnight, including Saturdays, Sundays, and Public Holidays in the state of New South Wales.
D2L Brightspace means the software used to run MyLearning.
eLearning Course means a course delivered and administered via MyLearning with no live facilitation.
Face to face means the Course is delivered in person at an AICD facilitated classroom.
Facilitation Services means the provision of services by a Facilitator in relation to Courses including presenting Courses to Participants using the AICD Materials.
Facilitator means a contractor retained by AICD to provide the Facilitation Services who accesses the Website and MyLearning in connection with the Facilitation Services including accessing the AICD Materials and materials prepared by AICD for Facilitators to assist in delivery of the Courses.
Intellectual Property Rights means statutory, proprietary and all other rights throughout the world in respect of copyright, trademarks, confidential information, patents, designs and all other rights of a like nature, by law in force in any part of the world including all applicable renewals and extensions.
Losses means losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential, lost profits, business interruption, lost savings or loss of programs or other data) of every kind.
Meeting Software means software used by the AICD to connect a Participant to facilitators and other Participants in a Course (such as Zoom, Microsoft Teams or such other software as may be advised to you).
MyLearning means the AICD’s Learning Management System (LMS) that provides access to all the relevant Participant materials and provides access to any associated online activities such as discussion forums, virtual classrooms, eLearning courses and assessment submissions where relevant to that Course. Terms and Conditions for MyLearning are available when logging into the system for the first time.
Online means a learning environment enabled by technology such as MyLearning and Meeting Software. May also be referred to as a “virtual classroom.” All Self-Paced Courses are delivered Online.
Participant means an individual enrolled in a Course.
Participant Code of Conduct means the standard of behaviours expected for course participants in all formats of course delivery.
Self-Paced Course means a Course that does not follow a set schedule in which the Participant determines the topic order and study time from the variety of resources and online activities. These courses may vary in duration from 4 weeks to 6-months. This includes eLearning Courses.
Website means the website located at https://www.aicd.com.au/ as updated from time to time, and any other application distribution platform (including mobile applications) used to purchase Courses. This includes providing access to MyLearning via the Member Portal (MySite) via the MyCourses button.
4. These Terms and any associated policies may be varied at any time.
5. Member prices are only available to AICD Members. Non-members wishing to join the AICD and be eligible for the Member price may apply for membership online at https://www.aicd.com.au/become-a-member.html.
6. We accept the following payment methods for Course fees:
- BPay (Note: processing can take several days)
- EFT (Electronic Funds Transfer) – completion of an EFT application form is required.
7. Payment must be made within 14 Calendar Days of the date of invoice for the course. For payments by credit card, you authorise us to debit the amount that is payable for your enrolment from your nominated card account. If we are unable to successfully process your payment, then we may cancel your order or enrolment application and we will endeavour to notify you. Payment must be made within 14 Calendar Days of the date of invoice for the course.
For participants who enrol in a course outside Australia, payment of the applicable course fee must be made free and clear of any tax, withholding or other amount and we shall be entitled to recover from you any such amount deducted.
8. Enrolment is only available to individuals. Enrolment can be completed via the Website, or over the telephone and is subject to receipt of your payment and our confirmation of availability. Payment must be received in full before we provide Course materials and Course access via MyLearning. For Participants located outside of Australia payment of the applicable Course fee must be made clear of any tax, withholding or other amount and we shall be entitled to recover from you any such amount deducted. If we accept your enrolment, you will receive an email confirmation.
9. The purchase of a Course is for use by the Participant only and enrolment information should not be forwarded to third parties.
10. We reserve the right to accept or reject your enrolment for a Course at any time, for any reason, including if you do not meet the Course eligibility criteria or if the Course is full. Any monies that have been paid will be refunded. Where you do not attend a Course or fail to provide notice of withdrawal from the Course in accordance with these Terms no refund will be provided.
11. Where your enrolment is funded by your employer, we will only communicate with you (the Participant) about your enrolment in the Course. If payment is not made in accordance with these Terms, we reserve the right to cancel your enrolment.
Course delivery modes
12. We provide flexible study options for Participants. Please read the Course outlines and class dates carefully and consider your current and future personal and work circumstances to determine the right delivery mode for you. If you are unsure about whether a delivery mode is right for you, please contact us prior to enrolling.
13. Courses are delivered either Face-to-Face or Online.
14. We reserve the right to change delivery mode (i.e., from Face to Face to Online) in extenuating circumstances.
Course-related email and SMS correspondence
15. All communications with you will be via the preferred email address and telephone number you provide to us. This includes confirmation of enrolment, reminders, and where applicable, changes to Course information or materials. Your employer’s IT policy or email policy may block our emails. It is your responsibility to check you have received all necessary information from us and to provide up-to-date contact information. We will not be liable if you do not receive Course correspondence and/or materials as a result of incorrect information supplied or blocked emails. We or our providers may send you SMS messages in relation to deliveries of hard copy Course materials.
Course & Materials Access
16. AICD electronic Course Materials and Online Courses can be accessed via MyLearning. (Boardroom Mastery is an exception and course materials are accessed using BoardEffect) All Participants, facilitators, tutors, markers and staff must accept the MyLearning and BoardEffect (Boardroom Mastery) Terms and Conditions prior to access.
17. Participation in some Courses may mean you are eligible to claim Director Professional Development (DPD) units. If you have any questions please contact us prior to commencement or upon completion of the applicable Course.
Course Changes, Cancellations and Transfers
18. We may make minor changes to content, facilitators, education and assessment polices without notice to you.
19. We reserve the right to make changes to dates, times, delivery format or location. If you are affected by a change in date, time, delivery format or location, you will be notified by email prior to the Course Commencement Date and if you are no longer able to attend you will be able to (i) transfer to another Course, or (iii) receive a refund. Only one transfer is permitted and additional fees may apply if you transfer to a Course with a cost that is greater than the original course.
20. The table below sets out what will happen:
(a) if a Course is cancelled or postponed by the AICD, and
(b) if you cancel or postpone your enrolment in a Course.
21. We require notice of cancellation or postponement more than 4 weeks (28 Calendar Days) prior to a Course Commencement Date (Boardroom Mastery excluded)
22. We recognise that extenuating circumstances may occur, and we will consider requests for an exception to our Cancellation and Transfer policy on a case-by-case basis. You will be required to provide relevant independent supporting documentation to support a request for an exception and waiver of our Cancellation and Transfer policy is at our sole discretion.
- Cancellation of a Course or enrolment by the AICD
The AICD reserves the right to cancel any Course at any time for any reason. We will notify you by email prior to the Course commencement. If payment has already been received, we will provide you with a full refund). The AICD will not be liable for any direct or indirect Loss suffered as a result of cancellation or change, including travel or other costs incurred by you.
Before Course Commencement Date
Should the AICD cancel a Course on or before the scheduled Commencement Date, your enrolment will be cancelled. You will be notified by email prior to the Course Commencement Date. If payment has already been received by the AICD, you will be entitled to a full refund.
After Course Commencement Date
If the AICD is required to cancel a Course after the Course has commenced, you acknowledge and agree that your enrolment and any associated assessment activities will be deferred. The AICD will notify you by email as soon as possible and you will be entitled to complete the Course and associated assessment activities by way of a makeup course.
Cancellation of enrolment by the AICD
We reserve the right to cancel your enrolment (even if the Course has not been cancelled) at our absolute discretion before or after the scheduled Course Commencement Date if you breach the Participant Code of Conduct. In this instance, you will be notified by email as soon as possible. If payment has already be received by the AICD, no refund will be provided unless we are required by any applicable Law to provide a refund.
- Cancellation or transfer of enrolment by You
More than 4 Weeks (28 Calendar Days) prior to Commencement Date
If you cancel your enrolment for a Face-to-Face Course (excluding Boardroom Mastery) more than 4 weeks (28 Calendar Days) from the scheduled Course Commencement Date, you will be entitled to a full refund.
If you choose to transfer to another Course more than 4 weeks (28 Calendar Days) from the scheduled Course Commencement Date. One transfer is permitted, subject to availability and no transfer fee will apply. However any difference in the Course fee will be payable by you or refunded by us as applicable.
Less than 4 weeks (28 Calendar Days) prior to Commencement Date
If you cancel your enrolment for a Face-to-Face Course less than 4 weeks (28 Calendar Days) prior to the scheduled Course Commencement Date no refund will be provided. One transfer to another Course is permitted, subject to availability, up to 2 weeks (14 Calendar Days) prior to the Commencement Date but it will incur a transfer fee of 50% of the total course fee. Additionally any difference in the Course fee transferred to, will be payable by you or refunded by us as applicable.
Due to the nature of the Boardroom Mastery course design if you cancel your enrolment more than 8 weeks (56 Calendar Days) from the scheduled Course Commencement Date, we will provide a full refund. If you choose to transfer to another Course or Course more than 8 weeks (56 Calendar Days) from the scheduled Course Commencement Date. One transfer is permitted, subject to availability and no transfer fee will apply. However any difference in the Course fee will be payable by you or refunded by us as applicable.
If you cancel your enrolment for Boardroom Mastery or request a transfer to another Course less than 8 weeks (56 Calendar Days) prior to the scheduled Course Commencement Date, no refund will be provided.
Online Courses including Self-Paced Courses
The cancellation terms for Face-to-Face Courses above, apply to Online and Self-Paced Courses with one important exception - if you enrol in an Online or Self-paced Course and have accessed your electronic Course materials in MyLearning, you will not be able to transfer or withdraw from the Course or receive a refund under any circumstances.
25. Prior to the Course start date, we will share your name, organisation, and preferred contact email address with your facilitator/tutor and members of your cohort to enable peer to peer connection. If you do not consent to sharing your email address, please contact us to discuss at least 5 Calendar Days prior to the start date.
Course notes delivery
Australia Post Startrack
Course notes delivery
Course notes delivery
Course notes access for Boardroom Mastery
Change Focus Group Pty Ltd
Organisation Psychologist for Boardroom Mastery
Course notes delivery
Course notes printer
CPD Live Pty Ltd trading as Cahoot Learning (Cahoot Learning)
Digital learning provider engaged by AICD
Online learning system provider engaged by AICD
Course notes delivery
Boardroom Mastery Evaluation Report
Course notes printer
Video communications provider used by AICD to deliver Online Courses
Review platform used by AICD
Zoom Video Communications
Video communications provider used by AICD to deliver Online Courses
Online Course recording notice
27. The AICD Online and Self-paced Courses include features that allow audio and any documents or other materials exchanged or viewed during a session to be recorded or photographed. By attending an Online or Self-paced Course, you acknowledge that contributions you make may be recorded or photographed. If you do not consent, please contact your AICD representative to discuss your concerns prior to the course commencement date. You may ask to opt out of recording or photography, but we may not be able to accommodate your request.
28. The AICD will use its best endeavours to record each of the Online or Self-paced classroom sessions, (collectively the Recordings) and to post the Recordings on MyLearning, within ten Calendar Days of a session. The groupwork component hosted in break out rooms will not be recorded.
29. The Recordings are accessible by AICD staff, Facilitators, Participants who attended the session and members of the Course cohort who were unable to attend the session (collectively the Viewers). These Recordings may also be used by the AICD for Facilitator training purposes. By registering for an Online or Self-paced Course, you agree to protect the Personal Information of any Participant that is shared within the sessions. In accordance with the Chatham House Rule and in order to protect the privacy of each Participant, no information which would reasonably identify a Participant or the employment affiliation of a Participant(s), or that of any other Participant(s), may be disclosed by you to any third parties or used for any purpose other than participation in the session or Course..
30. If you are unable to attend one of the Online or Self-paced classroom sessions for which you are registered you will be able to access the session recording from your AICD MyLearning account subject to availability. Online session expiry is 120 Calendar Days from the date of posting.
31. The Participant Code of Conduct can be found in the Assessment Documentation where relevant or as part of course materials in MyLearning. The Participant Code of Conduct outlines the expected behaviour of all Participants. The Chatham House Ruleapplies to participation in all AICD Courses to allow for an immersive and trust-based learning environment. Any views expressed by you during participation in a Course must be your own. During a session you must not behave in a manner or distribute any material which is threatening, abusive, harassing, discriminatory, defamatory, misleading, or deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as reasonably determined by AICD in its sole discretion.
32. We may block, delete or remove any material from MyLearning at our sole discretion and for any reason including:
- for infringement of third-party rights (including Intellectual Property Rights); and
- a breach of the Participant Code of Conduct, or where the material is otherwise inappropriate as reasonably determined by AICD in its sole discretion.
33. You are solely responsible for all activities that occur on your AICD user account. We may decline your future participation in a Course for any behaviour which the AICD considers contravenes the Participant Code of Conduct. You are also responsible for ensuring that you comply with the Assessment Documentation as relevant to the Course.
Use of AICD Materials
34. Information, documents, data, or other materials AICD makes available from time to time in any form as part of a Course (AICD Materials) is protected by:
- copyright law in accordance with the Copyright Act 1968 (Cth); and
- the Trademarks Act 1995 (Cth) and international trademark laws.
35. You may only use the AICD Materials for your own private non-commercial use. No part of the AICD Materials should be copied, reproduced, modified, distributed, transmitted, or republished in any form or by any means without our written permission, you may only access the AICD Materials if you have paid the Course fees.
36. You must not modify the AICD Materials in any way.
37. You must not seek to circumvent or disable any technological protection measures contained within the Online and Self-Paced Public Courses, the AICD Materials or any third-party materials. Any use of the AICD Materials including the reproduction, modification, distribution, transmission, re-publication or display of the content from any Course not in accordance with these Terms is strictly prohibited. Nothing in these Terms transfers or is intended to transfer Intellectual Property Rights in AICD Materials to any third party.
Security of electronic communications
38. You acknowledge and agree that there are security and delivery risks in using email and transmitting data via the internet and mobile devices.
39. AICD gives no guarantee that any electronic communication you send to AICD, any electronic communication that AICD sends you or any data transmission you make via an AICD website, your user account or a mobile device (including uploading or transmitting any assignments or course submissions) will be secure, uninterrupted or delivered. You make such communications and transactions and agree to receive electronic communications from AICD at your own risk.
40. You are responsible for protecting your computer and other devices from malicious or destructive content and programs such as viruses, worms and trojans, and to protect your information as you deem appropriate.
Connection and data charges
41. Your telecommunications service provider may impose a connection or data charge for AICD Materials and other material uploaded to or downloaded from the Website or through Third Party Applications. You are responsible for paying any applicable connection or data charges.
42. AICD may compile reports on Website or MyLearning usage to provide analytics on learning behaviours and patterns and may track log in frequency, content access, Participant Submissions and access to any other resources that are provided on the Website or MyLearning. This usage information is collated and de-identified except where learning support is provided to a Participant.
43. To the extent that your participation in a Course constitutes the acquisition of services from AICD as a consumer within the meaning of the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth), you may have certain rights and remedies (including consumer guarantee rights) that cannot be excluded, restricted or modified by agreement.
44. Nothing in these Terms and Conditions operates to exclude, restrict or modify the application of any condition, warranty or provision implied by law, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law or any other statute where to do so would:
- contravene that statute; or
- cause any term of these Terms and Conditions to be void,
45. To the extent that the Australian Consumer Law permits us to limit our liability in connection with a Non-excludable Obligation, then AICD limits its liability for breach of any such warranties, guarantees, conditions or representations to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at our discretion.
Exclusion of liability
45. AICD will be under no liability to you in respect of anything which may constitute a breach of these Terms and Conditions by us arising by reason of circumstances beyond our reasonable control. If circumstances beyond the reasonable control of the AICD prevent us from performing our obligations under the Agreement (‘Force Majeure Event’) then we will not be liable to you in connection with the Force Majeure Event provided that the AICD has, to the extent reasonably possible, given prompt notice of and used reasonable endeavours to remedy the Force Majeure Event.
47. Subject to the Non-excludable Obligations and to the extent legally permitted, AICD is not liable for any Losses arising from participation in a Course or by the use of, downloading or accessing materials or products. To the extent that this exclusion of liability or any other exclusion or limitation of liability in these Terms in favour of AICD is unenforceable, invalid or ineffective for any reason, it will be severed. In that situation, AICD’s maximum aggregate liability for all Losses is limited to the fees paid by you for the Course.
Warranties given by you
48. By participating in the Course, you represent and warrant that: (a) all information and data you submit to AICD is correct, current and complete; (b) you have the right to upload materials and (c) you will comply with the standards set out in the Code of Conduct.
Indemnity given by you
49. You agree to release and indemnify AICD from and against all Losses incurred by AICD arising out of: (a) your use of and participation in the Course or the AICD Materials; (b) any breach of these Terms and any terms and policies incorporated by reference, (c) any submission you post and (d) all activity on your Account.
50. Without prejudice to any other rights or remedies that we may have against you under these Terms or at law, we may, by giving you written notice, terminate or suspend these Terms or your enrolment, without any liability to you if:
- you breach these Terms, and the breach cannot be rectified within 14 Calendar Days;
- we are required to do so to comply with a legal requirement or a court order; or
- we reasonably believe there has been conduct that creates (or could create) liability or harm to any other user, any other party, or AICD.
51. Severability: If any part of these Terms is unlawful, void or for any reason unenforceable then that part is deemed to be severed and does not affect the validity and enforceability of any of the remaining provisions.
Waiver: No failures to exercise and no delay in exercising on AICD's part any right or privilege under these Terms and Conditions operates as a waiver. A waiver by AICD of any breach of these Terms does not prevent the subsequent enforcement of that provision and will not be deemed to be a waiver of any subsequent breach of that or any other provision.
Entire Agreement: These Terms and all policies, Codes and Guidelines referred to constitute the entire agreement between you and the AICD in relation to your enrolment.
Variations:AICD may vary these Terms from time to time. If AICD reasonably considers that the changes are likely to:
- benefit you or have a neutral or minor detrimental impact on you, AICD may change these Terms by making such changes immediately without notifying you except by publishing amended Terms on our Website; or
- have a significant detrimental impact on you, we will make such changes to these Terms no sooner than 10 Calendar Days after we have notified you of those changes on the Public course Terms and Conditions page of the Website,
Where the change is likely to have a significant detrimental impact, you may terminate your involvement in the Course and claim a refund by providing AICD written notice to this effect.
Assignment:You are not allowed to assign, novate or sub-contract any of your rights and obligations under these Terms. We may assign, novate or sub-contract any of our rights and obligations under these Terms at our discretion.
Relationship:Nothing in these Terms creates or is intended to create any relationship of agency, partnership, joint venture, employment or similar between the parties.
Governing law: These Terms are governed by the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts.
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