iPad Terms and Conditions
2013 UWS Blended Learning Strategy iPad Initiative Terms & Conditions
Note: You will need to formally accept these terms and conditions in MyUWS before you can pick up your iPad at the iPad Collection Day.
1. The University of Western Sydney (‘UWS’) is pleased to make an offer of an iPad to undergraduate students who meet the criteria referred to in these terms and conditions. This offer is also being made by UWSCollege to students commencing at UWSCollege who also meet the criteria referred to in these terms and conditions. The offer of an iPad is not compulsory and is not a precondition to enrolment. The iPad for enrolling students, set out below ('the Offer'), is available to:
(a) all domestic and international undergraduate students enrolling in the first year of their course and commencing their studies at UWS in the Autumn Session or Spring Session in 2013 (excluding those students referred to in clause 2 below); and
(b) all domestic and international University Foundation Studies and Diploma Program students enrolling in the first year of their course and commencing their studies at UWSCollege in Term 1, Term 2 or Term 3 in 2013 (excluding those students referred to in clause 2 below).
Students who decide to accept an iPad are deemed to have accepted the terms and conditions set out herein or otherwise referred to in this Offer.
2. For the avoidance of doubt, this Offer is not available to students who were enrolled in an award course in 2012 at either UWS or UWSCollege, Bachelor of Nursing (Graduate Entry) students, Bachelor of Laws (Graduate Entry) students, postgraduate students, bachelor Honours students, UniTrack students, non-award students, cross institutional students, exchange or study abroad students, UWSCollege diploma graduates, UWSCollege Foundation Studies graduates, UWSCollege English Language Program students, UWSCollege Professional and Community Programs students, current UWS students transferring between courses, new students receiving advanced standing equal to or in excess of 80 credit points from either UWS or another Australian University (including UWS) and students deferring their 2013 offer.
3. All eligible students may seek to be issued with an iPad and where an iPad is issued it will be in accordance with the requirements and delivery details described on the relevant iPad Offer website. For UWS students, please visit http:www.uws.edu.au/ipad for more information. For UWSCollege students, please visit http://www.uwscollege.edu.au/ipad for more information. It is not compulsory to accept the iPad Offer to be enrolled in UWS or UWSCollege.
4. Only one (1) Apple iPad 16GB (Wi-Fi only) with Retina Display may be made available to each eligible student.
5. Students will be able to start using the issued iPad on delivery and will be obliged to keep it safe and in good condition and protect it from loss or damage. Students will have the right to keep the iPad upon meeting the conditions set out in Clause 6 below.
6. UWS students accepting an iPad are deemed to have accepted the terms and conditions of the Offer and acknowledge and understand that the rights granted in Clause 5 above will cease immediately and they will be required to return the iPad to UWS if they withdraw their enrolment or otherwise do not continue their studies after the census date, being 31 March 2013 for Autumn Session and 31 August 2013 for Spring Session.
7. Students who have enrolled and received an iPad and who subsequently withdraw or cease studies with UWS must ensure that, in addition to returning their iPad, they must formally resign from their course of study at UWS. Failure to resign formally from UWS will result in financial liability and academic penalties. For more information, view the UWS Enrolment Policy available at http://www.uws.edu.au/policy/policy_dds.
8. A student’s eligibility for the Offer and/or a student’s obligation to return an iPad will be determined at UWS or UWSCollege’s absolute discretion, acting reasonably. The decision of UWS or UWSCollege will be final and binding on all students. No correspondence will be entered into.
9. The Offer is subject to availability of iPads. UWS and UWSCollege reserve the right to withdraw the Offer at any time. If anything occurs that prevents or hinders UWS or UWSCollege’s ability to deliver the iPad to students, UWS or UWSCollege may, in its discretion, cancel the offer and recommence it at another time under the same terms and conditions.
10. If the specified iPad model becomes unavailable, UWS reserves the right to substitute a product of equal value or specification, subject to any applicable laws or written directions from a regulatory authority.
11. UWS and UWSCollege will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these terms and conditions that is caused by events outside of its reasonable control, including, but not limited to: supplier unavailability; manufacturer product call back, strike, industrial action, inclement weather, logistic or transport unavailability, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or act of God.
12. Acceptance and use of the iPad is at the student’s sole risk and subject to UWS and UWSCollege policies. These can be viewed at (for UWS) http://www.uws.edu.au/policy/policy_dds and (for UWSCollege) http://www.uwscollege.edu.au/about/our_policies.
13. Each student will be solely responsible for setting up, maintaining, repairing, updating, insuring, securing, operating, replacing and backing up their iPad and any associated applications, software, iTunes accounts and expenses, including data use and download costs which may be incurred through use of the iPad. UWS provides Wi-Fi for UWS students whilst they are on a UWS or UWSCollege campus, subject to UWS policies. For more information on the UWS Wi-Fi network, please visit http://www.uws.edu.au/information_technology_services/its/airuws_lite.
14. UWS will provide students with instructions and assistance in relation to using iPads within the UWS network. Repairs or technical service of the iPad are performed by Apple. UWS and UWSCollege is not equipped to provide detailed technical support, repairs or other services in relation to the iPad. However, if you have any questions about your iPad, you can contact UWS on 1300 897 669 or e-mail study@uws.edu.au. Students should refer to and comply with the directions for use for the iPad and the user manuals supplied by Apple in relation to the iPad. These can be viewed at http://www.apple.com/support/ipad/ (opens in a new window).
15. To the full extent permitted by law, UWS and UWSCollege will not be liable for any injury, damages, expenses, or loss whatsoever (whether direct or inconsequential) to persons or property as a result of any student accepting or using the iPad under this Offer. By accepting the iPad and accepting the terms and conditions of this Offer, each student releases UWS and UWSCollege, its directors, officers, employees and agents from, and indemnifies each of them against, any and all liability or any loss, damage or injury of any kind arising from or in connection with this Offer or the iPad.
16. These terms and conditions are governed by the laws of New South Wales.
17. If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms (which will continue to be valid to the fullest extent permitted by law).
18. No failure or delay by UWS or UWSCollege of exercising any right or remedy provided under the terms and conditions of this Offer or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
19. Each student warrants that they have not relied on any representation or warranty (whether by negligence, error or omission) that is not set out in these terms and conditions and shall have no remedy in respect of such a representation or warranty.
20. Students may not transfer or assign any of their rights or obligations under the terms and conditions of this Offer to any third party.
21. All iPads must be claimed by:
(a) UWS students: 31 March 2013 for students commencing in Autumn Session 2013 and 31 August 2013 for students commencing in Spring Session 2013; and
(b) UWSCollege students: 19 April 2013 for students commencing in Term 1 2013, 21 August 2013 for students commencing in Term 2 2013 and 20 December 2013 for students commencing in Term 3 2013.
iPads cannot be claimed after the relevant dates in this Clause 21.
22. Neither this Offer nor the iPad can be transferred, exchanged or redeemed for cash or other credit form.
23. iPad is a trademark of Apple Inc., registered in the U.S. and other countries.
