DBS Users Agreement Last Revised: October 2009 Welcome to the Dublin Business School (DBS) Site. DBS and its subsidiary (which trades as Portobello College)(together 'DBS') are part of the Kaplan family of educational companies. Please read this User Agreement carefully.This User Agreement, including its Privacy Policy, applies only to the DBS Site, and not to the Web sites of other Kaplan companies. We may revise this User Agreement from time to time, so please check this Web page each time you visit the DBS Site. If you continue to use the DBS Site after we post the change, this means you have agreed to the new terms. Privacy Policy Please review our Privacy Policy, which is a part of this User Agreement and describes how DBS handles any personal data collected from visitors to this DBS Site. Copyright Copyright in this DBS Site and all materials included in it is owned by or licensed to DBS , and all rights are reserved. You must abide by all copyright notices and restrictions contained on the DBS Site. You may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or otherwise use any materials from the DBS Site (including computer programmes or other codes) ("Site Materials"), except that you may download the Site Materials only for personal, non-commercial use, and only if you do not alter the text or remove any trademark, copyright, or other notice displayed on the Site Materials. Trademarks Dublin Business School, DBS, the DBS Logo, and any other trademarks on the DBS Site are trademarks owned by Dublin Business School or other Kaplan companies (collectively, "DBS Trademarks"). You may not use the DBS Trademarks in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, nor in any manner that disparages or discredits us. Links, Frames, and Metatags You may link to the home page of the DBS Site as long as the link does not cast us in a false or misleading light. Please let us know if you link to the DBS Site by contacting us at webmaster@dbs.edu You may not frame the content of the DBS Site. You may not use metatags or any other "hidden text" that incorporates the DBS Trademarks or our name without our express written consent. Links to Other Web Sites This DBS Site may contain links to other Web sites, including the sites for other Kaplan family companies. This User Agreement and the Privacy Policy do not apply to these other Web sites. Be sure to read the user agreements and privacy policies that govern your use of these other Web sites. Disclaimer and Limitation of Liability While we endeavor to ensure that the information on the DBS Site is correct, we do not warrant the accuracy and completeness of the material on the DBS Site. We may make changes to the material on the DBS Site or to the products and prices described in it, at any time without notice, although we will provide notice of substantive changes to the DBS Site Privacy Policy. The material on the DBS Site is provided "as is," without any conditions, warranties, or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the DBS Site on the basis that we exclude all representations, warranties, conditions, and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to the DBS Site. We and any of our group companies, and the officers, directors, employees, shareholders, or agents of any kind, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the DBS Site in any way or in connection with the use, inability to use or the results of use of the DBS Site, any Web sites linked to the DBS Site, or the material on such Web sties, including, but not limited to, loss or damage due to viruses that may infect your computer equipment, software, data, or other property on account of your access to, use of, or browsing the DBS Site or your downloading of any material from the DBS Site or any Web sites linked to the DBS Site. If your use of the material on the DBS Site results in the need for servicing, repair, or correction of equipment, software, or data, you assume all costs thereof. Nothing in this legal notice shall exclude or limit our liability for: (a) fraud; or (b) misrepresentation as to a fundamental matter; or (c) any liability that cannot be excluded or limited under applicable law. Governing Law This User Agreement is governed by the laws of Ireland. You agree to submit to the exclusive jurisdiction of the Irish courts and waive any objection to such forum. Termination We reserve the right to suspend the DBS Site or terminate this User Agreement at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions. The Disclaimer and Limitation of Liability and Governing Law sections of this User Agreement shall survive any such termination. Dublin Business School (DBS) Privacy Policy This Privacy Policy describes how we treat data received about you when you visit the DBS Site or otherwise. DBS fully respects your right to privacy and actively seeks to preserve the privacy rights of those who share information with DBS. DBS will not collect any personal information about you on this website without your permission, except as required or permitted by law. Any personal information which you volunteer to DBS will be treated with the highest standards of security and confidentiality, in accordance with the Data Protection Acts 1998 and 2003. This Privacy Policy applies only to the DBS Site and not to the websites of other Kaplan companies. We may revise this Privacy Policy from time to time. We will notify you of any important changes by posting a notice on all Privacy Policy links. If you see a notice of change, please check the Privacy Policy, because your continued use of the site after we post the change means you have agreed to the new terms. DATA PROTECTION Collection of Your Personal Data So that we can provide you with the information, courses, programmes, services, materials or products you have requested, we collect and store certain information about you, including your name, telephone number, e-mail address, postal address and educational background. If you are enrolling as a student, we also may also collect other personal data (such as information regarding your health (so that, as necessary, we can make appropriate accommodation for you) , date of birth, employer name and details (if applicable), professional certification number, if any, PPS number (where applicable*), credit or debit card number and other payment information.. This data is considered "sensitive data" and you consent to our collection, storage and use of such sensitive data for these purposes. We also may collect from you emergency contact information, such as the telephone number or email address for a friend or family member. You represent to us that you have obtained consent from your emergency contacts to provide us their information for this purpose. *Your PPS number may be required in connection with an application for tax relief, and you should not supply these details unless you wish to claim such relief. How We Use Information Collected We may also use you postal and email addresses to send you information about further courses, and other services or products similiar to those you have ordered from us, and also to provide you with the latest information, including events in which you may be interested. If you do not wish us to send you this additional information, you can let us know by following the opt-out instructions that we include in every email or by sending us notice of your preferences through the mechanisms listed in the section below entitled 'Your Ability to Choose'. How We Use Your Personal Data We will need to use your data to perform our obligations and excercise our rights under agreements made with you and to inform you of feedback and exam results. If you have enrolled in our courses through your employer, we will share your course attendance and test results with your employer. Otherwise, we will share your personal data only with the service porviders who help us run this DBS site or fulfill your requests. We may also need to disclose your personal data to third parties when we, in our sole discretion, belive it necessary to comply with the law, to enforce our User Agreement or this Privacy Policy, or in connection with a sale or transfer of the DBS business. Your Ability to Choose You can let us know if you do not wish to receive promotional material from us by contacting us by email at admissions@dbs.ie or by post to The Data Controller, Dublin Business School, 13/14 Aungier Street, Dublin 2. You also can let us know that you do not want us to share your information with our affiliated Kaplan group companies by contacting us at the same email or postal address. Disclosure to Third Parties We may hire other companies to perform services on our behalf (including, without limitation, facilitating some aspects of our web sites and services, managing our databases, sending e-mails and other mail to you, processing and collecting payments, providing us with legal, financial and accounting advice and conducting required audits). These other companies may be supplied with or have access to your information solely for the purpose of providing these services to us or on our behalf. We also may disclose personally identifiable information in special circumstances where it is legally required (for example, when necessary to protect our or a third party's intellectual property or proprietary rights) or when we, in our sole discretion, believe it is appropriate, in connection with a sale or transfer of some or all of our assets, or when we, in good faith, believe that the law requires us so to do. Your personal data is accessible by and provided to our student recruitment agents, for administration purposes (such as keeping track of your course records), accepting and recording your payments, providing you with certificates of completion and complying with any regulatory reporting requirements or other reporting requirements agreed with your sponsor. We may also provide your data to bodies from which you seek funding. If you have enrolled on our courses or programmes through your employer or other sponsor, we may share your data and attendance and study results with your employer or sponsor. Such third parties are not subject to this DBS User Agreement. Contact these persons directly for information about how they treat your personal data. Transfer to Other Countries We may need to process and store your information in countries outside the EU (which are not subject to EU Data Protection laws), including without limitation, your country of residence, the country in which you plan to study or other countries where we have offices or service providers (including the United States). By providing your information to us, you consent to transfer of your information to these other countries. Data Registration DBS is registered pursuant to Section 18 of the Data Protection Acts 1988 and 2003 with the Office of the Data Protection Commissioner. Review and Correction You may review and update the personal data you have provided to us by emailing us at admissions@dbs.ie or sending your request by post to: Attention: The Data Controller
Dublin Business School
13/14 Aungier Street
Dublin 2 Terms & Conditions of Enrolment All programmes 1. Acceptance of any student onto any course at DBS is conditional upon compliance with the regulations for admission to the course in question. Students must familiarise themselves with the regulation relevant to their programme. (A copy of which may be viewed in the Library). 2. Please note that late registration will be subject to a Late Payment Fee of €50. 3. Please note that all course fees must be paid in full on or before registration and are not refundable. 4. Except where specified, Section 43 of the Qualification (Education & Training) Act 1999 does not apply in respect of courses and no such arrangements apply. Fees 1. A completed enrolment form must be accompanied by payment in full or the completed employer authorisation (see next paragraph). 2. An employer authorisation will only be accepted by DBS if the relevant employer has approved credit terms with DBS and payment in full will be due within 30 days of each invoice date. The employer is fully responsible for the payment of amounts due in all circumstances (including termination of employment or course cancellation). DBS reserves the right to dismiss any student at any time for non-payment of fees or other amounts due. 3. Prices are subject to change and we reserve the right to charge additional amounts to reflect any pricing changes taking effect before course commencement date(s). 4. If an employer is paying for a student's participation in a course, that employer may be sent the relevant student's test results and progress and attendance records. 5. Deferral: where the full amount has been paid, an enrolment can be deferred for one relevant sitting, provided DBS receives written notice at least two weeks prior to the course commencement date. An administration charge of €50 per course will be invoiced by DBS. No refunds will be made and amounts paid for courses will be carried forward accordingly. It may be necessary to purchase new course materials upon recommencement of deferred study. These are not included in amounts previously paid and will be invoiced separately. Fees payable will be as quoted for the relevant year of study. 6. Course cancellation: requires that written notification be received by DBS at least two weeks prior to the course commencement date. A cancellation charge of €100 per course will be invoiced by DBS. Full course fees will be payable if less than two weeks notice is given and no refund will be made in such circumstances. Refunds are not available of any amounts paid for study materials, where the materials have been supplied to the student. Fees are not refundable under any circumstances for students where a study Visa has been granted. 7. Dishonoured cheques will result in a charge by DBS €25 to cover administration and bank charges, as well as the risk of admission to study being refused. Persistent offenders may be reported to their relevant professional body for unprofessional conduct. Full Time Courses
General
1. DBS reserves the right to charge interest at 10% per annum on overdue amounts. 2. Internally Assessed Examination and Computer Based Examination fees are non-refundable and non-transferable. 3. Any refund made by DBS will be paid to the original payor. 4. All deposits received are for the sole purpose of reserving a course place. 5. Funds received but not utilised or refunded in accordance with these Terms and Conditions will be forfeited to DBS. 6. DBS reserves the right to change the courses, tutors, dates and locations. 7. Courses are not transferable between students. 8. Students are expected to conduct themselves at all times in a manner which demonstrates respect for DBS and its staff, fellow students and property. Breaches of the student code of conduct can amount to gross misconduct, which may lead to expulsion from study. 9. Liability of DBS for losses arising from their negligence (except in the case of liability for death or personal injury), breach of contract or otherwise will be limited to the full amounts paid by the relevant student for the particular courses and/or study materials. Except in the case of liability for death and personal injury, DBS will have no liability for indirect or consequential loss or damage. 10. Students’ arrangements with DBS are governed by Irish law. Disclaimer and Limitation of Liability While DBS endeavors to ensure that the information on the DBS website is correct, we do not warrant the accuracy and completeness of the material on the site or in any corporate brochures. We may make changes to the material on the site or to the products and prices described in it at any time without notice, although we will provide notice of substantive changes to the DBS User Agreement. The material on the DBS Site is provided "as is," without any conditions, warranties, or other terms of any kind. Accordingly, to the maximum extent permitted by law, the DBS Site is provided on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to the DBS Site. DBS and any of our group companies, and their officers, directors, employees, shareholders or agents of any kind, exclude all liability and responsibility for any amount or kind of loss or damage that may result to students or any third party (including, without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the DBS Site in any way or in connection with the use, inability to use or the results of use of the DBS Site, any web sites linked to the DBS Site, or the material on such web sites, including, but not limited to, loss or damage due to viruses that may infect computer equipment, software, data, or other property on account of access to, use of, or browsing the DBS Site or downloading of any material from the DBS Site or any web sites linked to the DBS Site. If your use of the material on the DBS Site results in the need for servicing, repair or correction of equipment, software, or data, you assume all costs thereof. Nothing in this legal notice shall exclude or limit our liability for: (a) death or personal injury caused by negligence or (b) fraud; or (c) any liability that cannot be excluded or limited under applicable law. The DBS Site and use of it are governed by Irish law.
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