BY CLICKING THE BOX ON YOUR APPLICATION INDICATING YOUR ACCEPTANCE (THE “ACCEPTANCE”) OF THESE TERMS AND CONDITIONS (“T&C”), YOU AGREE YOU HAVE READ AND ARE BOUND BY THESE T&C’S. IF YOU ARE AN APPLICANT, YOU REPRESENT THAT YOU ARE EITHER (A) THE AGE OF MAJORITY IN YOUR JURISDICTION OR OLDER OR (B) YOU HAVE YOUR PARENT’S OR GUARDIAN’S PERMISSION TO ENTER INTO THESE T&C’S. IF YOU ARE AN AGENT FOR AN APPLICANT, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO AGREE TO THESE TERMS ON BEHALF OF THE APPLICANT AND THAT THE APPLICANT (OR THEIR PARENT OR GUARDIAN, AS APPLICABLE) HAS REVIEWED AND AGREED TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE T&C’S, YOU MUST NOT ACCEPT THESE T&C’S AND MAY NOT SUBMIT AN APPLICATION OR SUBMIT AN ENROLLMENT DEPOSIT. IF YOU ACCEPT THESE T&C’S, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND ARE BOUND BY, THE TERMS AND CONDITIONS STATED HEREIN.
These T&C’s are by and between you and Shorelight Education UK PVT. LTD (“Shorelight” “we”, “our” or “us”) and is effective as of the date of Acceptance (the “Effective Date”). It governs your application to, and if you are admitted, your enrollment at Heriot-Watt University Malaysia Sdn Bhd. (“HWUM” or “Heriot-Watt University Malaysia”) through the Graduate Direct process, operated in collaboration with Shorelight. We reserve the right to change or modify portions of these T&C at any time. If we do so, we will notify you via email or through other reasonable means of the changes.
Please read these T&C’s in their entirety, they include important information regarding Shorelight’s services as well as policies, requirements and rules related to Heriot-Watt University Malaysia. In particular, note that you will find the following information covered within the following provisions in these T&C’s:
- Application Terms (Section 1)
- Enrollment; Tuition and Fees (Section 2)
- Deposit Refunds (Section 3)
- Tuition Refunds (Section 4)
- Legal (Section 5)
- Other Policies, Procedures & Requirements (Section 6)
- Miscellaneous (Section 7)
1. APPLICATION TERMS. If you are admitted onto a program by Heriot-Watt University Malaysia, you will be placed in the appropriate program pathway based on your academic and English language credentials submitted with your application. You acknowledge that there are price differences based on program pathway length and course of study. Please note that different programs or courses of study may include required English language courses as part of the curriculum. You acknowledge that by submitting your application, you are not guaranteed admission at Heriot-Watt University.
2. ENROLLMENT; TUITION AND FEES.
2.1 Once your application has been reviewed, and if you are conditionally accepted through Graduate Direct at Heriot-Watt University Malaysia, a conditional offer of enrollment will be extended to you. Once you have received your conditional offer, you must pay your enrollment deposit (“Deposit”), and meet all other listed conditions, to be eligible for admission. As part of your conditional offer, you will receive other important information and documents that contain additional terms and conditions governing your participation in the program. Please familiarize yourself with all documentation provided to you.
2.2 Following payment of your Deposit, an invoice (the “Statement of Fees”) will be sent to you which will contain your remaining outstanding balance (the “Outstanding Balance”) and your payment due date. You acknowledge and agree that you will pay to Shorelight the Outstanding Balance shown on your Statement of Fees, including any banking or processing fees, by the indicated due date.
2.3 Failure to pay the Outstanding Balance by the due date may lead to penalties, including late fees, and a hold on your account that will prevent you from enrolling. If you are unable to enroll and participate in classes due to your failure to pay the Outstanding Balance and any applicable fees, you may violate the terms of your immigration status, and we will be required to report such violation to the relevant authorities. More information regarding your obligations to maintain proper immigration status is included below.
2.4 You may be required to take an English language assessment test upon arrival to campus. The results of the assessment test are used to place you on the program pathway that is appropriate for your skill level, and which may be different from what was indicated in your conditional offer letter. If your assessment test score does not meet the criteria for your assigned program pathway, you will not be able to enroll on that pathway. As a result, the length of study may be longer than originally anticipated and involve additional costs.
2.5 Once you receive your Student Visa, you are required to adhere to Heriot-Watt University Malaysia’s visa compliance policies. To maintain student visa compliance, you must meet with all applicable Malaysia immigration regulations relating to study in the Malaysia. Please review Heriot-Watt University Malaysia’s policies on student visa status found here. Please be aware that poor engagement and attendance at Heriot- Watt University Malaysia may prevent you from continuing with your studies and could result in withdrawal from your program and cancellation of your student visa. We will be required to report any violation by you of your visa status to the relevant authorities. Your personally identifiable information, including course enrollment details and changes, and circumstances of any suspected breach by you of Heriot-Watt University Malaysia’s policies may be shared with the relevant governing bodies, accrediting agencies, designated authorities, your parents, and Shorelight staff and agents.
2.6 You may defer your enrollment and deposit for up to one academic year. After one academic year, you will be required to re-apply with a new application and deposit. You must request an enrollment deferral no later than 60 days after your original Move-In Date (published at https://shorelight.com/universities/undergraduate/heriot-watt-university-malaysia/).
3. DEPOSIT REFUNDS. We will only refund your Deposit in the circumstances listed below at the discretion of Heriot-Watt University Malaysia and only once evidence deemed sufficient by Heriot-Watt University Malaysia has been provided. Otherwise, we do not provide Deposit refunds. You must submit your deposit refund request within sixty (60) days following the start of Welcome Week (when in-person student induction starts) Those dates can be found here. Your Deposit may be refunded in the following circumstances:
3.1 If you provide us with written notification and documentation showing that your visa application has been denied prior to the start of Welcome Week except if that refusal is due to you providing evidence of insufficient funds, or you submitting a fraudulent application, or you providing insufficient or incorrect documentation.
3.2 If the University is unable to provide the academic program originally applied for, offered and accepted, and you do not wish to enroll in an offered alternative.
3.3 If you fail to meet the academic conditions set out in your offer letter
3.4 If you fail to achieve the required English Language requirements set out in your offer letter.
Each request will be managed on a case by case basis and approved at our sole discretion.
Visa fees will not be refunded in the event Malaysia Immigration reject your visa for any reason.
4. TUITION REFUNDS.
4.1 Please see attached Heriot- Watt University Malaysia’s policy for post enrolment withdrawal: https://www.hw.ac.uk/documents/terms-conditions-malaysia.pdf
4.2 If you cancel your enrollment prior to the start of Heriot-Watt University Malaysia Welcome Week, you may request a full refund of tuition and fees paid, minus non-refundable fees, subject to the exclusions stated in the following paragraphs. After the start of the semester, you may be eligible for a partial refund calculated according to the table below. Non-refundable fees include, but are not limited to, your deposit.
4.3 All refund requests (other than those for Deposit refunds) must be submitted within sixty (60) days following the date that you either complete or withdraw from your program. All refunds will be issued in U.S. Dollars (USD), minus bank transfer and processing fees, including any fees incurred for a rejected payment, according to the exchange rate in place at the time of the refund. All refunds will be made to eligible parties within 60 days following receipt of an accurate and completed refund form and subject to the terms of Heriot-Watt University Malaysia’s refund policy.
4.4 In addition to the restrictions described above, no refunds will be given in cases of dismissal, suspension or expulsion.
4.5 In the event that you are granted a valid medical withdrawal or extenuating circumstances tuition refund by Heriot-Watt University Malaysia which is in conflict with these T&C, we will honor that refund (minus non-refundable fees).
5. LEGAL.
5.1 5.1 WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES WILL SHORELIGHT BE LIABLE TO YOU UNDER THESE T&C FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING UNDER THESE T&C (WHETHER BASED UPON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY) IRRESPECTIVE OF WHETHER SHORELIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND THE LIABILITY FOR ALL DAMAGES OR ALLEGED DAMAGES UNDER THESE T&C, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, IS LIMITED TO, AND WILL NOT EXCEED THE FULL AMOUNT PAID TO SHORELIGHT BY YOU. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU.
5.2 You acknowledge and agree that Shorelight or its representatives, affiliates, successors, and related companies may photograph, video or otherwise record you and/or other students for the purpose of marketing. If you do not wish to have your photograph or video taken, you must advise us in writing and state, at the time of the photography or recording, your desire not to participate. Unless you have provided us with notice regarding your desire not to participate, you hereby irrevocably grant Shorelight and its assigns, licensees, successors in interest, legal representatives, employees, consultants and agents (collectively, the “Program Entities”) the irrevocable and unrestricted right to copy, publicly display, distribute, modify, create derivative works of and otherwise use your name, image, voice and likeness and any photograph, video or audio recording in which you appear (collectively, the “Images”). You acknowledge and agree that you have no right, title or interest in or to any Images, and that the Program Entities own all right, title and interest in and to all Images. You hereby waive any right to inspect or approve any Images. You hereby waive all rights and release and discharge the Program Entities from and shall neither sue nor bring any proceeding against the Program Entities for, any claim, demand or cause of action based upon, arising from or related to the Program Entities use or exploitation of the Images (or the use of your name, image, voice or likeness in connection therewith), including without limitation, claims for libel or invasion of right to privacy, publicity or personality.
5.3 Shorelight will not be liable under these T&C for its failure or delay in performing any of the obligations imposed by these T&C to the extent such failure or delay is the result of any event beyond its reasonable control, including: (a) any fire, explosion, unusually severe weather, natural disaster or Act of God; (ii) epidemic, disease or pandemic; any nuclear, biological, chemical, or similar attack; any other public health or safety emergency; any act of terrorism; and any action reasonably taken in response to any of the foregoing; (iii) any act of declared or undeclared ware or of a public enemy, or any riot or insurrection; (iv) damage to machinery or equipment; any disruption in transportation, communications, electric power or other utilities, or other vital infrastructure; or any means of disrupting or damaging internet or other computer networks or facilities; (v) any strike, lockout or other labor dispute or action; (vi) any action taken in response to any of the foregoing events by any civil or military authority; or (vii) any other similar event beyond Shorelight’s control.
5.4 The T&C’s, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of Malaysia. Each party irrevocably agrees that the Malaysia courts shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the T&C or its subject matter or formation.
5.5 In the event that any provision of these T&C are found to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable, and the remainder will continue in effect, to the extent consistent with the intent of the parties as of the Effective Date.
6. OTHER POLICIES, PROCEDURES AND REQUIREMENTS.
6.1 Please familiarize yourself with Heriot-Watt University Malaysia’s calendar for holidays and vacations. Classes will not be held on designated school vacations and may be cancelled on public holidays. We do not provide refunds for classes not offered due to planned or unplanned school closures.
6.2 As a student of Heriot-Watt University Malaysia you are required at all times to behave in accordance with the University’s Ordinances, Regulations, policies, procedures and rules https://www.hw.ac.uk/uk/about/profile/governance/ordinances-regulations.htm and https://www.hw.ac.uk/uk/about/policies.htm. In instances of unacceptable behavior students will be subject to Heriot-Watt University Malaysia’s student discipline process https://www.hw.ac.uk/uk/students/studies/record/discipline.htm and serious breaches may result in suspension or expulsion from Heriot-Watt University Malaysia. If you are unable to continue due to a suspension or because you have failed to meet the minimum progression standards set by Heriot-Watt University Malaysia, you may be offered advice on suitable alternatives. These alternative options may involve additional time and costs, including tuition and other fees which may require presenting additional proof of finances.
6.3 If you are expelled from Heriot-Watt University Malaysia for any reason you may not reapply through the Graduate Direct process.
7. MISCELLANEOUS.
7.1 Heriot-Watt University Malaysia is an accredited university in the United Kingdom, Malaysia and Dubai. If you wish to live and work in your home country, you may be required by your employer or your home country’s education authority to submit your degree for verification (sometimes called “validation” or “authentication”). It is your responsibility to determine what level of verification is needed and how to obtain it. While we do not guarantee that your Heriot-Watt University degree will be verified outside of Malaysia, degree verification does not impact the validity or value of your degree in the Malaysia. We also do not guarantee that credits earned at Heriot-Watt University Malaysia will be transferrable to systems of higher education outside of the Malaysia, or to other higher education institutions within Malaysia. Whether and how much transfer credit to award you is in the discretion of each institution.
7.2 All internship and externship opportunities, such as CAP Premier, will be awarded by a third-party organization at such organization’s sole discretion.