By signing the attached ‘Enrolment Form’ (‘Enrolment Form’) and forwarding that form to PGA, the Student and the Employer have agreed with the PGA to comply with these terms and conditions (‘Terms’). These Terms supersede and prevail over any other terms and conditions included in any purchase order, confirmation or other document or communication from the Student or the Employer to PGA.
1. Definitions: In these Terms:
a. ‘Employer’ means the person described in the Enrolment Form attached to these Terms who employs the Learner;
b. ‘GST’ means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 as amended from time to time or any replacement or other relevant legislation and regulations;
c. ‘PGA’ means The Pharmacy Guild of Australia ABN 84 519 669 143 of Level 2, 15 National Circuit, Barton, Australian Capital Territory, Australia.
d. ‘Learner’ means the person described in the Enrolment Form attached to these Terms and who is employed by the Employer;
e. ‘Training Course’ means the course or courses described in the purchase order Form; and
f. ‘Training Materials’ means any materials provided by the PGA to the Student with respect to a Training Course including without limitation, any course notes, data presentations, case studies and assessment activities.
2. Enrolment: On receipt of the Enrolment Form, PGA may, in its sole discretion, either enrol the Learner in one or more of the Training Courses, or decline to enrol the Learner in one or more of the Training Courses. If PGA enrols a Learner in a Training Course, it will notify the Learner in writing of such enrolment (such notice will specify the date, time and location of the Training Course).
3. Cancellations: If the Learner is enrolled in a Training Course, he or she may cancel that enrolment by notifying PGA in the manner set out in the ‘Payment, Refund and Cancellation Policy’ prior to the start of that Training Course. The Learner and the Employer each acknowledge and agree that PGA will apply the ‘Payment, Refund and Cancellation Policy’.
4. Course fees: The fees for enrolling in a Training Course are as set out in the Fees and Charges form (Fees). PGA may, from time to time, vary the Fees by publishing those prices within its new Enrolment Forms.
5. Payment of fees: The Fees must be paid by either the Learner or the Employer at the time the Enrolment Form is submitted to PGA. The Learner and the Employer each acknowledge that PGA will not enrol the Learner until the Fees are paid as per the payment schedule or dates provided.
6. Course rescheduling: The Learner and the Employer each acknowledge and agree that PGA may cancel, postpone, reschedule or relocate any Training Course due to low enrolments or other unforeseen or unexpected circumstances. If PGA exercises this option, PGA will use its reasonable endeavours to notify Learners of any such change to a Training Course as early as practicable in the circumstances. The Learner and the Employer each acknowledge and agree that PGA will apply the ‘Payment, Refund and Cancellation Policy’ set out in the Enrolment Form.
7. Intellectual Property Rights: Any intellectual property rights subsisting in the Training Materials are owned by PGA and, where appropriate, its licensors. The Learner and the Employer must not reproduce, modify, enhance, adapt, translate, publish, perform, communicate, or create any derivative work based on, the whole or any part of the Training Materials. The Learner and the Employer must not remove, deface or obscure any identification, trademarks, proprietary or copyright notice on any part of the Training Materials. No intellectual property rights are assigned or licensed by PGA to either the Learner or the Employer under these Terms. The Learner and the Employer must not take any action, or cause any third party to take any action, contesting the ownership rights set out in this clause and must do all things necessary or convenient to give effect to this clause 7.
8. Use of Training Materials: The Learner may use the Training Materials solely for undertaking the Training Course to which the Training Materials relate. The Learner must not distribute, disclose, sublicense, rent, lease or sell or otherwise grant or transfer any interest in the whole or any part of the Training Materials to any person, except with the prior written consent of PGA.
9. Learner Obligations: The Learner must:
a. Comply with its obligations in the Training Contract;
b. Follow the Training Plan and make all reasonable efforts to ensure that units are completed by the dates specified in the Training Plan;
c. Ensure the pharmacist/supervisor of progress in relation to the apprenticeship/traineeship;
d. Ensure that the pharmacist/supervisor signs the Assessment Sign-Off form and Supervisors Evidence Report at the back of the Learner Guides;
e. Comply with the National Code of Good practice for Australian Apprenticeships and relevant Australian Government and State/Territory laws (including, without limitation, those that relate to occupational health and safety, discrimination and Australian apprenticeship/traineeship arrangements).
10. Exclusion of Liability:To the extent permitted by law and except any implied term, condition or warranty the exclusion of which would contravene any statute or cause any part of these Terms to be void (‘Non-excludable Condition’), PGA and its related bodies corporate disclaim and exclude all terms, conditions and warranties implied by custom, the general law or statute.
11. Several Liability: An agreement, representation or warranty on the part of two or more persons binds them separately.
Governing Law: These Terms are governed by the laws in force in each State and Territory of Australia. The parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that Territory and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts. These Terms constitute the entire agreement between the parties relating to the subject matter of these Terms and may only be varied by the written agreement of the parties
Short Courses and Individual units (including Support the Supply of Pharmacy Medicines and Pharmacist Only Medicines):
Notification of withdrawal from the course/unit must be immediate and in writing. If notification is within 30 days of registration, training has not commenced, a partial refund of 80% of tuition fees applies. Otherwise, no refund applies.
Face to Face (facilitated) Workshops:
Notification of cancellation or withdrawal from the registered course must be made in writing to Guild Training. If the cancellation is received:
- Up to seven (7) days prior to the workshop, the course fee minus a $35 administration fee will be refunded.
- Within seven (7) days of the workshop, no refund will be applicable.
Charges also apply for replacement workbooks ($25), replacement Statements of Attainment ($50) and transcripts of results ($20).
To ensure that students are completing the most current assessment requirements, we advise that any enrolments on short courses are valid for a maximum of 6 months. Any assessments received after this timeframe will require the student to re-enrol and therefore incur additional fees. For further information go to http://www.pharmacyguild.edu.au/policies-and-procedures.